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Assignment within a Council Joint Tenancy

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A friend still lives with his ex-wife whilst she is looking to move to another council property and wonders if an assignment (from her to him) can be done within the joint tenancy. Government websites say one thing and the Council appear to say something different and are rather vague about their explanation.

 

Does anyone know the true position/process?

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I'm not sure whether he can just have the tenancy transferred to him. Are there any other household members? Children? If so, where will they be living, with your friend or his ex?

 

Depending on the household, the ex may move out, and he may not be able to keep the tenancy. This is due to the size of the household, and the size of the property. Either way, they will have to speak to the Council to sort it out.

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He will shortly be getting some legal advice on the matter.

 

Yes there is a lodger and a member of his family (grandchild) living

with him, both intend to stay there.

 

The Council point to the 1985 Housing Act which suggests it can only be done by court order.

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The Council point to the 1985 Housing Act which suggests it can only be done by court order.

Not entirely correct!

 

A. Section 91(1): Generally, no assignment of Secure Tenancy, if:

a. it's periodic; or

b. it was granted for a fixed term on/after 5 November 1982.

 

B. Section 91(2): Generally, assignment of a fixed term Secure Tenancy granted prior to 5 November 1982 makes it no longer Secure.

 

C. Section 91(3): None of those rules applies if:

a. there's an exchange of Secure Tenancies under s.92; or

b. the Assignment is under one of the Court Orders in section 91(3)(b); or

c. the assignee would be qualified to succeed T on T's death.

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Yes, I generalised somewhat but in his position it's not practical.

 

The term "periodic" is also rather confusing, as it appears to apply to a lifetime secure tenancy.

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