Changes to Your Tenancy

Changes of Tenancy

There are lots circumstances where your tenancy might need to be changed. Below there are some questions and answers about changes to your tenancy which you may find helpful. However you should contact your  Tenancy Management Team at your local Area Housing Office for assistance if you have a query. You can also find information in your Tenants Handbook

Our Service Standard for changes to your tenancy are we will always:

• Send you the necessary forms within 48 hours
• Process all requests within 20 working days from the receipt of your forms
• Give you a decision in writing within 5 working days

Joint tenancies

Who can have a joint tenancy? 

There is no legal obligation to offer a joint tenancy it is a ‘gift’ of the landlord. Joint tenancies are usually only offered to a husband and wife, civil partner or a cohabiting couple when a new tenancy is created.

I have the tenancy in my name only. Can I add my partner to my tenancy ?
If your partner has lived with you for 12 months and doesn’t have a tenancy elsewhere you may be entitled to a joint tenancy. However, you must have been living with your partner in a relationship as if you are husband and wife or civil partners (regardless of whether you are lesbian, gay or heterosexual). Contact your Area Housing office for further information.

Succession

My partner/spouse has died? Can I take over tenancy?

If you are the or spouse or civil partner of the sole tenant who died, you have a legal right to be allowed to take over the tenancy. This is known as ‘the right of succession’. However if your spouse or civil partner has already succeeded to the tenancy there is no automatic right.

I am related to the tenant who died; can I take over the tenancy?

If someone has previously taken over the tenancy (known as the right of succession)  some family members who have lived with the tenant can apply to succeed to the tenancy. However there are lots of other things H&F Homes need to consider such as have you lived there for 12 months and does the property have any spare bedrooms. For further information please contact your Area Housing Office.

I am not related to the tenant who died, can I take over the tenancy?

In some circumstances someone who has lived with the tenant maybe entitled to an offer of rehousing if they have lived with the former tenant for 3 years, known as a discretionary offer of rehousing. For further information please contact your Area Housing Office.

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Assignment

I don’t want to live at the property anymore. Can I hand over my tenancy to my spouse/partner?

This is where you are asking  if you can assign your tenancy to another person. The conditions are very similar to those for a succession. You can ask to assign to anyone who would have been entitled to succeed when the tenant died. Only one succession or assignment is allowed per tenancy. You should consider the implications of assigning your tenancy. You may, for instance, be considered intentionally homeless if you applied to the Council as a homeless applicant in the future and not offered alternative accommodation. For further information please contact your Area Housing Office.

Can I assign my home to a member of my family?

We will consider all the same things as we would if you wanted to assign to a spouse/partner and in addition the family member would need to prove that they had lived with you for the past 12 months.

The tenant is my spouse/partner and they left the property months ago. Can I have the tenancy in my name?

We will discuss various options with you as you cannot automatically take on a tenancy that is in someone else's name. You may need to consider applying to court for a decision about the tenancy particularly if you are getting divorced. Contacting your spouse/partner and asking them to assign the tenancy to you. For further information please contact your Area Housing Office

My spouse/partner who is the tenant has emigrated and I don't know how to contact them. Can I have the tenancy?

We will consider how best to resolve the tenancy issue with you and will depend on individual circumstances. Please contact your Area Housing Office for advice.

I have a spare bedroom, can I have someone live with me to help pay the rent?

Yes you can, as long as you let us know. If you are receiving housing benefit you  must also notify the Housing Benefit Team as this will affect the amount of money you are expected to pay towards your rent. Please contact your Area Housing Office for advice.

I want to go on an extended holiday and want a friend to live there and look after it while I am away. Am I allowed?

You are allowed as long as you let us know who the person is who will be looking after your home, how long you will be away and you give us contact details where you will be staying. If you do not get permission from us and we don’t know where you are we may assume you have left your home permanently and take legal action to repossess your home.

Family Break up

Ending Your Tenancy!!

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