Council Tenancy??

[Notveryhappy]

I live with my partner and 2 year old child.

The council house we live in has been in my partner and his brothers name for ten years.
His brother no longer lives there as moved out three years ago.

Myself and our daughter are down as occupants.

We went to the council to request that my name be put on the tenancy agreement. They have said no and that if we wanted to put it on, we would have to go to court.

They said that If we re applied for the house in both our names, we could lose it as we were ending the contract my partner and the council have on the property and that then the council can decide whether we stay or leave.


Is this right? We simply want my name on the tenancy, so that if anything did happen to him, myself and my daughter wouldn't be turfed out.

[bednobs]

well i would have thought the council would be the ones to know!
it seems to make sense - it means that you can't aquire a council house by simple means of just living there with someone i guess

[murraymints]

if you present evidence that you are in house as common law wife...and he agrees of course..then a joint tennancy should be no problem.....

[murraymints]

there is a difference to just living there ..and being a wife ...legal or common law....

[bednobs]

what is "common law wife"?

[ummmm]

There is no such thing as common law wife..

[society]

"there is a difference to just living there ..and being a wife ...legal or common law.... "

Hahaha Now you are making the situation complicated. :-)

[murraymints]

common law..living with partner as man and wife in all respects and accepted as such without formal ceremony...

[cazzz1975]

they would have to start a new contract taking into account the new situation which could mean that you not be entitled to the property.

I would leave things lie to be honest..

[society]

Ummmy, no? I always knew common law spouse meant living together with someone under the same roof (doing everything that husband and wife do) without being married to them.

[society]

Your post wasn't there when I started to type, Murray. :-)

[ummmm]

My cousin got a flat with her brother. She then got married and her husband moved in. They had two kids and have just been given a house. So it can work out ok..

[bednobs]

no such thing MM (in law, anyway) i don't think; you certainly don't have the same "rights" as being married or civil partnershipped. If the tennancy agreement is in his name, it's in his name. If you want to apply for joint tennancy, that's great but the council will take new circumstances into account, meaning as NVH says that it could mean a different property

[ummmm]

Yeah...but there's no law. Doesn't entitle you to anything...like marriage does.

[cazzz1975]

it would depend on the type of property notveryhappy is living in.

[Notveryhappy]

We have lived together for 3 years and have a child, surely this is enough proof that I have been there this long.

I have had post going to the address for over 2 years, so would this count as proof?

Cazzz - I was going to just let it lie, but really need to be secure for my daughter.

The house is in a great area and has 3 bedrooms etc.. We love it there and would hate to be forced out into a scabby maisonette, god forbid, if anything happened to my partner.

I pay rent and council teax and everythig else.

Why shouldn't i be allowed. So bloody annoying!!

[ummmm]

I can't see it being an issue. The needs of a couple and a child are greater than the needs of two single men.

[Notveryhappy]

The don't make it easy for us. think we're going to have to go to court and all sorts. :-(

[bednobs]

because your name is not on the tennancy agreement, that's why. As i said, you could take out a joint tennancy, but the council will re-assess your circumstances. this prevents ridiculous situations such as if you were a millionairre, and were allocated a council house

[cazzz1975]

It makes no difference how long you have lived there of if you have paid your rent on time, a couple with 1 child would be entitled to a 2 bedroomed property, that could be a flat, maisonette or a house.

to re apply for the property they may decide that you are only entitled to a smaller property, years ago you could have probably got away with it but with such a lack of housing and a massive increase in people living in poor conditions they have to go by need.

I would let things lie because as council tenant you are more secure than people renting privately, surely your partners name on the rent book is enough.

[murraymints]

in edinburgh..if a dependant of the tennant is left in the property after tennants death then the tennancy is offered /inherited in due course, as long as they can prove they have lived in the property as a dependant...