Council Tenancy

[Jade1]

I am trying to find out about social housing tenancy rules or laws on the following.

Can a single person with no dependants with family no longer living in a council home, continue to occupy a three bedroom property?

Thanks.

[des8]

Re: Council Tenancy

HI and welcome
My understanding is that the size limit measures will affect anyone who is of working age and is receiving Housing Benefit or has made a claim for Housing Benefit.
If you are assessed as under-occupying your accommodation a percentage reduction will be made to your eligible rent and any eligible service charges.
You won't actually be forced out if you can continue to meet the rent etc

[stevemLS]

Re: Council Tenancy

HI and welcome
You won't actually be forced out if you can continue to meet the rent etc

Assuming the tenancy is in your name rather than, for example, deceased parents.

[Jade1]

Re: Council Tenancy

Thanks for your responses. Just trying to clarify council homes can be passed on to other family members and if there are other families on housing waiting list requiring a larger property it is voluntary for person to move?

[stevemLS]

Re: Council Tenancy

That's why I asked the question.

There is only a right of succession once unless the tenancy agreement specifically provides otherwise.

So, for example, if you inherited from your parents, a child of yours could not inherit from you.

The rules on relatives changed on 1.4.12

For tenancies which started after that date there is no right for relatives to succeed unless the tenancy agreement specifically says that they can.

For those that pre-date:

The person who seeks to inherit generally has to be a relative of defined proximity, Parent/grantparent/brother/sister/uncle/aunt/nephew/niece - they have to have been living at the property for at least 12 months.

At the moment they can't force you out purely because you now under-occupy although as des said, the value of any housing benefit you may be getting - by 25% if you are now alone. Many councils do have incentive schemes to encourage people to downsize.

[Jade1]

Re: Council Tenancy

thanks