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Changes to your tenancy

Changes to my tenancy

Changes to your family and employment can happen at any time. Here are the frequently asked questions.   

Working abroad

Q.   Am I allowed to work abroad or away from home?

A.  Yes you can but you must inform your estate office of your plans and continue to pay your rent and adhere to the conditions of your tenancy. This means that your council home must be your main or only   home. You are not allowed to sublet the whole of your flat to anyone else. If you do not let the estate office know that you have gone away and they do not hear from you, they may believe that your home has been abandoned and serve a notice to end your tenancy.

Can my family members take over my tenancy?

Q.  I am an elderly tenant living with other family members and I am worried about what will happen to them when I die. Will they be made to move out?

A.  The Housing Act 1985 provides for one statutory succession to council tenancies. Those wishing to succeed a tenancy (known as the potential successor) are eligible if the person is 

• the spouse or civil partner of the tenant, or if they live together with the tenant as husband/wife
• the tenant’s parent, grandparent, child, grand-child, brother, sister, uncle, aunt, nephew or niece

The property must be the prospective successor’s sole or principal home and they must have lived there for at least 12 months before the tenant’s death and be able to prove this. However, this 12 month rule does not apply to spouses or civil partners. 

• be living with the tenant at time of his/her death and
• except for a spouse or a registered civil partner, have done so throughout the preceding five years and
• be a member of the tenant’s family - parent, grandparent, child, grand-child, brother, sister.

If the family member is a spouse and is not already a joint tenant they need to provide proof

• of their marital status
• of the death of the tenant i.e. a death certificate
• that the dwelling was their sole or principal home at the time of the tenant’s death

If the family member was not a spouse and is a qualifying family member they need to provide proof

• of their identity
• of the death of the tenant i.e. a death certificate
• of their relationship to the deceased
• that they have lived with the resident for at least 12 months before the tenant’s death
• that the dwelling is his/her only or principal home

If the accommodation is too large for the remaining family members, we will ask that they move to a smaller property. Succeeding spouses are not required to move.

Westminster Council may offer a second discretionary succession in the event of the death of a council tenant, if the one succession allowed by law has already taken place. To be eligible under this policy the person must

• be living with the tenant at time of his/her death and
• except for a spouse or a registered civil partner, have done so throughout the preceding five years and
• be a member of the tenant’s family - parent, grandparent, child, grand-child, brother, sister.

 

Q.  I’m finding it hard to manage my tenancy. Can a family member take over my tenancy?

A.  If a family member takes over your tenancy whilst you are still living in the property, this is known as an assignment. The tenant needs to write to their local estate office asking for permission to do this. Only some family members will be eligible such as a spouse or another family member who has lived with the tenant for more than 12 months. An assignment can also be requested by the courts. If you or a family member is considering an assignment please contact your local estate office for more information.