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Fathers tenancy rights

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  • Fathers tenancy rights

    Hi I am looking for some advice regarding my son.

    Last year he and his partner parted when she declared she just didn't love him anymore after 12 years. They are
    not married and have three little boys aged 3 to 7 and there were no other people involved in the split. This was shortly after they moved into a 3 housing association property and he had done a great deal of work decorating and furnishing. He was heartbroken and she insisted he was taken off the tenancy agreement and he walked away with nothing from the family home.

    They have subsequently reconciled, he has been back living there for over 6 months and they seem to be getting alone better than ever but she seems to think it is not important to put him back on the tenancy agreement.

    Please can anyone tell me if worst-case scenario something happened to her or she left the home and her children and he was left living alone with his three little boys would he have a right to stay in the property with his children, or would the housing association make him move out with his children as he is not on the agreement?

    *edited due to computer fail*

    *
    Last edited by marleymouse; 15th March 2020, 11:14:AM.
    Tags: None

  • #2
    The right for someone to inherit a tenancy when the tenant dies/leaves is called succession.
    A housing association tenancy can only be inherited once, unless the tenancy agreement allows for more than one succession. **Your right to inherit a housing association tenancy depends on the type of tenancy and your relationship with the person who is the tenant. Most housing association tenants have an assured tenancy.
    A *cohabitee living with an assured tenant can inherit the tenancy only if the tenancy agreement says this can happen.
    Many housing association assured tenancy agreements allow a cohabitee *to succeed *It is normally a condition that the cohabitee was living with the tenant for at least 12 months before they died.
    Check the tenancy agreement to be sure you can inherit the tenancy.* If the assured shorthold tenancy is granted for a fixed term of two years or more, you can inherit it if you were a *cohabitee of the tenant, as long as it was your home at the time they died.
    Other relatives can inherit the tenancy if the tenancy agreement says this can happen.
    *

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