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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There,My brother and I were given a two bedroom flat 11

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Hi there,My brother and I were given a two bedroom flat 11 years ago, but the tenancy was named after him as I was a student then but I was over 18. He now has 3 children 10, 8 (boys) and a 6 year old daughter. I was told by the housing officer that if my brother gets transferred to a larger house, l have to move out too. I have invested in this flat in the past 10 years, i have contributed to the rent and bills.I am over 30 years old, a Biomedical Scientist, I earn over 27k. I can afford the full rent.I need your advice please.Thank you
Hello my name is ***** ***** I will help you
Have you asked the Council for a copy of their policy on this please?
Customer: replied 2 years ago.
The housing officer said they won't be able to rehouse my brothers family if my brother transfer the tenancy to me. I however believe that there is a better way of approaching this dilemma.
I am really stressed over housing situation. I have waited for the children to be an appropriate age for more privacy, just to be told that I have to apply for housing on my own right. This will take years and will mean all the money and efforts I spent have gone to waste.
Customer: replied 2 years ago.
I was also considering joint tenancy, but there is a risk of my brother's family not to be rehoused.
It is a housing association tenancy by the way.I'll appreciate your advice.Thank you.
Have you asked the Council for a copy of their policy on this please?
Customer: replied 2 years ago.
I have the tenancy agreement yes.
But does the Council have a policy which means they can end it on this basis?
Or are you saying its in the agreement?
Customer: replied 2 years ago.
What the HA officer Is saying that only the tenant has the right to end the tenancy. Once he moves out the tencny ceases
Customer: replied 2 years ago.
I have a copy of the tenancy contract if you want to have a look at it. But I would rather email you it in your personal email
I see, that is clearer. So your bother is the lead tenant and you are not named. That means when your brother ends the contract you no longer have any rights at all to be there.
This is because the contact has ended and as such your right to remain ceases. As for rehousing, you would go on the list and it would depend on priority and need as to which band you fell into. I would ask the Officer for a copy of the resettling and banding policy.
But if you are a single person you wouldnt probably be entitled to anything more than a 1 bed property. But sadly you have no right to remain as you are not named as a tenant.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
Thank you for your honesty, but I don't see why I can't remain in the flat. It was given to my brother because if me, he was my guardian then. So if anything I have more right to it than him
Problem is you are not named on the tenancy. He is and if he ends it, that is the end of any contractual agreement with the Council.
I am sorry. Alex
Customer: replied 2 years ago.
I agree, but this question I should raise to the HA don't you think. Why wasn't I also named in the contract?Should I have been at that age? I was final year A level student
No, you dont need to be. Just because you are an adult does not mean you have to be named. But if the contract is in your brothers name any dispute is between you and him in law, not you and the HA.
I am sorry, but I have to be honest.
Customer: replied 2 years ago.
So what do you recommend I should do then? I want the flat buy I don't want to compromise his situation.
You need to go on the waiting list for alternative property, but I would get a copy of the Councils banding policy to make sure you are in the right bracket. If you are not then you may lose out.
Can I clarify anything else for you?
Customer: replied 2 years ago.
I meant do I have any chance of claiming this flat without compromising my brother's family?
Sadly not no, you are not the lead tenant.
I am sorry.
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