Can someone take over my tenancy?

Asked By: Amadina Mulderings | Last Updated: 15th June, 2020
Category: real estate real estate renting and leasing
4.4/5 (33 Views . 28 Votes)
If they had a secure, flexible or introductory tenancy
You can take over the tenancy and stay in your home if you were married to or in a civil partnership with the person who died. You'll also need to have been living in the property as your main home.

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Correspondingly, can my son take over my council tenancy if I move out?

We can only consider passing your tenancy to your son/daughter in the event of your death, and only if they've been living with you for the previous 12 months. Each tenancy can only be passed on once - so if you've taken on a family member's tenancy yourself - you won't be able to pass it on again.

Likewise, how do you have someone take over your lease? Answer. Under a typical lease assignment, you transfer all of your space to someone else for the entire remaining term of the lease, and the new tenant pays rent directly to the landlord. If the new tenant fails to pay rent or damages the rental, your landlord could look to you for compensation.

Herein, can my son take over my tenancy?

Family members of an assured tenant can inherit the tenancy only if the tenancy agreement says this can happen. Many housing association assured tenancy agreements allow a relative to succeed when the tenant had no spouse, civil partner or cohabitee living with them.

What happens when you take over a lease?

A lease takeover could leave you liable to your landlord The assignment of a lease to another tenant might require the consent of your landlord. For example, if the tenant taking over your lease does not pay the rent, the owner of the property can sue you for it.

34 Related Question Answers Found

Can my son go on my council tenancy?

The answer is Yes but you will first need to get the Housing Executive or housing association's permission to create a joint tenancy. When you add someone to your council tenancy they will become jointly liable in the agreement with you.

Can someone take over my council tenancy?

You can usually take over an assured tenancy and stay in the property if you were living with the person who died as their: husband or wife. civil partner. partner and you were living together as if you were married or in a civil partnership with them.

Can my son buy my council house for me?

It's possible for a tenant to remain eligible for the discount and buy jointly with up to three family members, as long as they have lived in the property for the past 12 months. The fact that your children are living at home should, therefore, enable them to buy jointly with you.

Can you give your council house to someone else?

You can assign your tenancy to a partner who lives with you. The property must be their main home. If you don't live with a partner, you may be able to assign your tenancy to someone else who lives with you but only if your tenancy agreement says you can.

How do I add someone to my tenancy agreement?

Add a Tenant to Your Lease in 5 Steps
  1. Step 1: Obtain a Written Request. Invite the tenant to submit in writing the request to add another person to the lease.
  2. Step 2: Check the Property's Occupancy Limit.
  3. Step 3: Acquire a Completed Rental Application.
  4. Step 4: Make a Decision.
  5. Step 5: Review the Details With the Tenants.

Can I keep my council house if I inherit money?

Sizeable inheritance of either cash or property can have a significant impact on the beneficiary's eligibility for means-tested benefits. Inheritance of a home is likely to have some effect on your council tenancy situation, although this may depend on whether you are a secure or probationary tenant.

Can I write my own tenancy agreement?

When writing your own renters agreement you are able to include your own classes, such as tenants aren't allowed to have pets. However, these added clauses must be in line with both the landlord's and tenants' rights and if they infringe on these rights then they are void and can't stand up in a court of law.

Who can succeed to a secure tenancy?

If no one is entitled to succeed, or the tenancy is for a fixed term (eg one year), the tenancy can be passed on under a will or the rules of intestacy. A spouse, civil partner or cohabiting partner of a regulated tenant can succeed to the tenancy if s/he lived in the property at the time of the tenant's death.

What is the difference between secure tenancy and assured tenancy?

The main difference is that assured tenants do not have the Right to Buy but instead may have the Right to Acquire. As a secure tenant you can live in your home for the rest of your life as long as you comply with your tenancy agreement. Assured tenants have the following rights: have your home repaired.

What is a succession of tenancy?

Tenancy succession - when a council tenant dies. When a council tenant dies, the secure tenancy passes to the tenant's husband or wife, partner or a family member. This is called succession, and the person who gets the tenancy is called the successor.

Can you have two tenancy agreements?

The tenancy agreement can give both you and your landlord more than your statutory rights, but can't give you less than your statutory rights. If a term in the tenancy agreement gives either you or your landlord less than your statutory rights, that term cannot be enforced.

What is an introductory tenancy?

An introductory tenancy is a one-year trial council tenancy. It gives you most of the same rights as a secure council tenancy but you can be evicted much more easily. As long as you don't break your tenancy agreement while you are an introductory tenant, you will automatically become a secure tenant.

Can I buy my council house outright?

Can I Buy My Council House? The answer to this is yes you can; the Right to Buy allows most council tenants to buy their council home at a discount.

Does tenancy in common have right of survivorship?

This is called the right of survivorship. But tenants in common have no rights of survivorship. Unless the deceased individual's will specifies that his or her interest in the property is to be divided among the surviving owners, a deceased tenant in common's interest belongs to his or her estate.

What does a secure tenancy mean?

A secure tenancy is a lifetime tenancy. The council may offer you a fixed-term tenancy called a flexible tenancy. You won't be a secure tenant if: you are a new tenant and have an introductory tenancy. you have been placed in temporary accommodation following a homeless application.

Can you rent a house in someone else's name?

You should not sign a lease or give a landlord any money if the apartment needs repairs before you can move in. If the apartment is in such bad shape that you cannot safely live in it, it is illegal for the landlord to rent it to you or anyone else. He will probably keep your money and never make the repairs.

Is it illegal to rent a house for someone else?

There is no law/rule about how many days the "other person" on the lease must sleep there/be there. As long as they sign the lease, they are a legal tenant.