council house question

tezzywezzy

My daughter has just moved back home with her newborn and partner. We live in a council house and my husband and I (along with our 3 other children) have decided to move out( we are moving to uk). My daughter and her partner are on the council waiting list, is there anyway they would be allowed to stay in the house when we move out or transfer it to there own names. My daughter was raised in this house, if that makes any difference?

Gatling

No ,if your leaving the property to move to the UK you will have to speak to the council direct first , essentially you will be surrendering the property and it will be given to someone already on the list.
You can't pass on House's

shafty100

i remember someone telling me that if a family member was down as sleeping on the floor for 12 months then they would be legally entitled to take on the tenancy of the property , now this was in the eighties and might have changed since then so could be worth looking into

Gatling

shafty100 wrote: »

i remember someone telling me that if a family member was down as sleeping on the floor for 12 months then they would be legally entitled to take on the tenancy of the property , now this was in the eighties

Thing's have changed even to the point people moving back into mammies council house or an older relatives they have to sign a legal document saying they have no legal claims to the property

myshirt

Children can inherit the tenancy or take it on, but council is under no obligation to do so.

In this environment, they would be grossly negligent to do it. It's a thing of the past. There is just way too much pressure on social housing stock. The house will go back to them to allocate to a person on the list. Do not, and I repeat, do not go to the UK but act like you are still in the house when it is your daughter in there. It can work out very badly and can prove to be quite costly. You will get f#cking hammered.

Do you currently have permission to have them in your house and are they included in the rent assessment? This could help them get their own place as 3+ adults and a baby in one house might be an overcrowding situation. Wait is still long though.

Lia_lia

Depends on the council. But as far as I know (in Cork anyway as an example) if they have been living there (on the rent book) for 2+ years they can "take over" the house if the main tenant moves out.

From the (Cork) tenants handbook:

"On the death or departure of both parents, the tenancy will normally be given to a son or daughter, irrespective of the number in the family, provided that he/she has been registered as living there for at least two years immediately prior to the death or departure of the tenant. In determining succession, Cork City Council will have regard to the housing need and natural rights of surviving brothers, sisters, sons, daughters who have resided in the household for a period of two years or more. Each case will be examined on its merits."

The_Conductor

Lia_lia wrote: »

Depends on the council. But as far as I know (in Cork anyway as an example) if they have been living there (on the rent book) for 2+ years they can "take over" the house if the main tenant moves out.

From the (Cork) tenants handbook:

"On the death or departure of both parents, the tenancy will normally be given to a son or daughter, irrespective of the number in the family, provided that he/she has been registered as living there for at least two years immediately prior to the death or departure of the tenant. In determining succession, Cork City Council will have regard to the housing need and natural rights of surviving brothers, sisters, sons, daughters who have resided in the household for a period of two years or more. Each case will be examined on its merits."

This is not the current passage that the local authority have been instructed to include in leases for tenancies.
Also- the OP's daughter and partner have just moved in- so even if they are in Cork (no indication that they are) and the OP holds the old lease (no indication that they do)- they still don't qualify.

Its assessed on a strict needs basis from the current housing list- without exception. Any cases to be made- have to be done on a case by case basis to the Department, the local authority cannot arbitrarily decide to ignore the Department's guidelines. The OP will need to advise the LA that they are surrendering the property- but are not in a position to give vacant possession to the LA- as a family member has moved in. The LA can choose to action against the OP (for not surrendering vacant possession) along with the daughter- or just the OP.

Failure to surrender vacant possession of the property- means the OP is not considered to have surrendered the property- and is fully liable for any rent etc- and if their means change (e.g. if they get a new job or whatever)- they are reassessed on the basis of their new income- even if they are no longer living in the property (or country).

The OP cannot give her daughter a dig out like this- it is not her property to play fast and loose with. It is not her prerogative to decide who a subsequent tenant is.

tezzywezzy

Thank you for all the replies. I wasn't trying to "play fast and loose" or anything like that. I wanted to know could I legally pass my tenancy onto to my daughter, who is on the housing list and will be homeless if we move. I thought the fact she has lived in this house for 21 out of her 22 years might have counted for something. I guess we will be putting off the move as I will not see her and her baby with no place to go.

Ultimate Seduction

As far as I know, only way she could get the house is if she is a joint tennant for at least the last 24 months

boardsuser1

Can children inherit rights?

My child lives with her grandparents as she was born there and spent her first 2 years living there.

The grandparents home is council owned. She’s only gone back in the last 2 months.

Gatling

Cork Truck Driver wrote: »

Can children inherit rights?

My child lives with her grandparents as she was born there and spent her first 2 years living there.

The grandparents home is council owned. She’s only gone back in the last 2 months.

A relative who has been living with a tenant may be able to take over the tenancy "if the tenant dies." Local authority practice varies on this; some will require the relative to have lived in the house for a minimum number of years, others will only allow the relative to take over the tenancy if the housing is suitable for their needs. The rules for succession to tenancy are usually outlined in the local authority's housing allocations scheme..

Seems to be based on if the original tenant passes away and the property meets the families needs ,

If it's a multiple room dwelling been taken over by a single person ,, chances are they wouldn't be allowed to stay,
As I mentioned earlier a lot of local authorities have brought in certain conditions to people moving back In with a parent /older relatives usually short term leases with a clause for having no legal claim to the property or tenancy

* Surrendering a property would be different along with families been housed on needs rather than taking over a lease

boardsuser1

Gatling wrote: »

A relative who has been living with a tenant may be able to take over the tenancy "if the tenant dies." Local authority practice varies on this; some will require the relative to have lived in the house for a minimum number of years, others will only allow the relative to take over the tenancy if the housing is suitable for their needs. The rules for succession to tenancy are usually outlined in the local authority's housing allocations scheme..

Seems to be based on if the original tenant passes away and the property meets the families needs ,

If it's a multiple room dwelling been taken over by a single person ,, chances are they wouldn't be allowed to stay,
As I mentioned earlier a lot of local authorities have brought in certain conditions to people moving back In with a parent /older relatives usually short term leases with a clause for having no legal claim to the property or tenancy

* Surrendering a property would be different along with families been housed on needs rather than taking over a lease

Cheers for that.

Will probably need further clarity on it as the tenancy began in 1974 and no new tenancy agreement has been signed since the initial one 43 years ago.

myshirt

tezzywezzy wrote: »

Thank you for all the replies. I wasn't trying to "play fast and loose" or anything like that. I wanted to know could I legally pass my tenancy onto to my daughter, who is on the housing list and will be homeless if we move. I thought the fact she has lived in this house for 21 out of her 22 years might have counted for something. I guess we will be putting off the move as I will not see her and her baby with no place to go.

I think you are missing the point here Tezzy, the property isn't yours to operate like that. That's a roundabout way of you restricting the council applying the rules as they are obligated to or putting a block on it. You are going down a dangerous path. If anyone in the locality is waiting on a house and presses the council to be held to account, you will be in hot water. You have set out you don't need the property and you intended to move to the UK. Whether you go to the UK now or not, you've said enough to show the property needs to go back to the council to reallocate to a person on the waiting list. Give the house back and move on with things.

Mrs OBumble

Cork Truck Driver wrote: »

Cheers for that.

Will probably need further clarity on it as the tenancy began in 1974 and no new tenancy agreement has been signed since the initial one 43 years ago.

No further paperwork is needed.

Yoy got the house for your lifetime or as long as you want it.

If you no longer want it, you have to hand it back.

Your daughter is now an adult and will be assessed and treated in her own right.

The_Conductor

Just to add- you putting up your daughter, her partner and your grandchild- means they are assessed as being housed- and their place on the housing list is significantly lower down the pecking order- than it would be- were they to fend for themselves.

I appreciate you're trying to do whats best for your daughter- however, its not your house to play with in this manner.

boardsuser1

Mrs OBumble wrote: »

No further paperwork is needed.

Yoy got the house for your lifetime or as long as you want it.

If you no longer want it, you have to hand it back.

Your daughter is now an adult and will be assessed and treated in her own right.

Slight confusion on the above.

I'm housed in a council house.

I'm only in my 30's

The child is 7 years old and the grandparents are living in their house for the last 43 years.

They wish to register the child on their rent book,even though she was actually born there, i understand that law changed in recent years removing automatic succession.

TooObvious

tezzywezzy wrote: »

Thank you for all the replies. I wasn't trying to "play fast and loose" or anything like that. I wanted to know could I legally pass my tenancy onto to my daughter, who is on the housing list and will be homeless if we move. I thought the fact she has lived in this house for 21 out of her 22 years might have counted for something. I guess we will be putting off the move as I will not see her and her baby with no place to go.

I think the conductor has given a very succinct breakdown of the facts of the matter. That said, you have asked a question on the internet, why don't you just contact your local housing department and discuss the matter directly with your housing officer?