Change of Tenancy
When can the Council take possession of your home?
The Council can take back or gain possession of your home, only with a Court Order. Before getting a Court Order you will usually have been served with a Notice of Seeking Possession, which will say why the Council is taking action and which of the Conditions of your Tenancy you are breaking. The Council will give you every chance to put things right and avoid Court action. The most common reasons for the Council seeking a Court Order are:
- Rent arrears;
- Annoyance, nuisance or harassment to neighbours;
- Use of property for illegal or immoral purposes, e.g. drug dealing, prostitution and the storage of stolen goods;
- Damage to Council property.
In these cases, the Council does not have to give you alternative accommodation.
Other Reasons the Council can Seek Possession
The Council can seek possession of your home for other reasons:
- Overcrowding;
- We need to carry out major building works;
- Your home has been designed or adapted for the elderly or disabled and you do not need these facilities;
- The tenancy has been taken over after the death of the original tenant and the home is larger than you need.
It is unlikely that the Council will seek possession of your home for these reasons, but if it does, the Council must offer you suitable alternative accommodation.
County Court Orders - Marital Breakdown
The County Court may decide that your tenancy is given to your husband or wife following marriage breakdown as part of matrimonial proceedings.
Your Rights
Whilst you have obligations as a secure tenant, you also have several rights. These are mainly legal rights explained In the booklet "Your Rights as a Council Tenant - The Council Tenant's Charter".
Succession: Can People Inherit My Tenancy?
It may be possible for members of your family to take over your tenancy when you die. This is called a succession. A husband, wife, or person living with the tenant as a partner at the time of death can succeed to a tenancy. Other family members who have lived with the tenant for the 12 months prior to the tenant's death may also succeed to a tenancy. Legally, only one succession may be granted during a Council tenancy. However in certain circumstances a new tenancy may be given when a succession has previously taken place. This tenancy may be of another property.
Assignment: Can I Give My Tenancy To Someone Else?
If you no longer want to live in your home, you may be able to give your tenancy to another family member who could have succeeded to your tenancy. This is called an assignment. You may also assign your tenancy to another Council tenant or sometimes a Housing Association tenant by doing an exchange (or swap) with them. You must get the written permission of the Council, and any other landlord involved, before you assign your tenancy to another person.
Lodgers
You have a right to take in lodgers, unless this would result in overcrowding, but you must tell us when anyone moves into or leaves your home. If you receive housing benefit, you must also tell the Council's Benefit Services section.
Sub-Letting
You may sub-let part of your home if you ask for the Council's permission, but you cannot sub-let all of your home. The difference between taking in a lodger and sub-letting part of your home, is that a lodger shares your house and will pay you for their meals and upkeep. A sub-tenant will have their own part of your home and will normally do their own cooking and cleaning. If you are thinking of taking in lodgers, or sub-letting part of your home, please contact your local Housing Office.