This is a follow up from my previous question "Assignation of housing association tenancy in Scotland".
Essentially my questions (with answers) were.
Q.We moved into this house via an exchange 18 years ago, does that effect / nullify the chance of assignation?A. No.
Q.Would the house being a 3 bedroom and me being a single male effect the chances of assignation?A. That's not relevant.
Q. If I am unable to go for assignation, what other routes do I have. Could I try for a joint tenancy or something similar? Any down falls of that? i.e would that extend the length of time my parents have to stay in current house?A. There's no reason why you can't get an assignation.
I got in touch with the housing association by sending an assignation request.
My parents had a meeting today with the housing association.
They were told that the panel has decided to refuse assignation due to there being a lot of people waiting for a 3 bedroom and 3 bedroom is inappropriate for a single person. He said that they will send an official letter out this week and my parent have the right to appeal.
What rights do we have now?
Can they refuse assignation due to me being single and/or there being alot of people on the waiting list? Although I was not there, my parents informed me that he (the housing rep) couldn't understand why Im not actually on any waiting list my self. Could not being on a waiting list effect my circumstances?
Where do we go from here?
I was also informed that the rep said something about they could go to Sheriff Court in regard to the appeal. I really do not want to go there but what are the procedures, time frame, legalities and most important typical cost of going down such a road.
I understand from a housing side of things it makes sense what they are saying, is that also the way the law / sheriff will see it?
Got this from their current document that is online for Scottish Secure Tenancy. Hopefully this is what you want, Ive tried to format as close as possible to the actual document. As this is the online one I will try and see the actual hard copy my parent have to see if there are any differences.
To do this, you must tell us in writing:
If you want another person to be a joint tenant, both of you must apply to us in writing. The other person must use the house, or intend to use the house, as his or her only or principal home.
We will not unreasonably refuse permission. If you want to assign your tenancy, the house must have been the only or principal home of the person to whom you want to assign the tenancy for at least 6 months before the date of your written request.
We will not unreasonably refuse permission for an assignation, sub-letting, giving up of possession or taking a lodger.
Reasonable grounds for refusing permission include the following:
These examples do not in any way alter our general right to refuse permission on reasonable grounds. If we give permission, you cannot increase the rent of other payments made to you by the other person unless we give our permission. See paragraph 10.3 for more details on getting permission.
Their online stuff doesn't have anything regarding assignation (only transfers and exchanges). I will inform parents to request the housing associations assignation policy document. The person who they talked to has worked at the HA for many years now and informed parents that this is only the second time he has had to deal with such a request; the first time was at his last job. I Didn't realise assignation is that uncommon.
As a quick follow up, just so that I may 'close' this question.
In regards ***** ***** appeal, what if parents decide to move.
Would I be correct in assuming that if they move (or inform to HA of their intent to move i.e 30 days notice) the appeal could no longer go forward?