council tenants rights help
My friends wife left him 2 years ago and he continued to pay the rent and did not inform council his wife had left,as he honestly didn.t think to do so.but his wifes name was on the rent book.He then met his partner and she moved in and was very happy.she has ms and needs care and my friend asked the council for help to adapt the bathroom to a washroom.he was asked to sign over the tenancy and then it would be in his name.then the council informed them that they must leave the property and go to a smaller one.she has ms needs care,cannot visit family and stay over,my friend sometimes has to sleep in another room so the extra space is vital for family to stay and another space if and when needed.the council will not budge ,we have voiced our opinion in local papers and had no response,can they do this?????it seems so heartless.the house and garden are in good order and they have wonderful neighbours who support them in the community. the council have acted underhandingly.
You don't say if your friend was originally on the tenancy agreement (while his wife was resident) or ONLY his wife. "Asked to sign over tenancy" implies his name was. Whether The Council can ask (Demand) he moves to a smaller property or not will be listed in the terms of the original tenancy agreement, If no specific right to (if a NEW tenancy has been made) "determine" (end) that agreement then the Council can not ask him to move out. If his name was not on the tenancy (and he has been paying rent) he can demand the last 2 years rent payments back! (Restitution).
Councils and Housing Association are in my opinion based on personal experience always underhand.
Thankyou for your reply,my friends wife was originallynamed on the rentbook and he just carried on paying when she left,he has contacted her,and she did agree to change it but the council have refused to accept this and as yesterday are demanding they move and will take them to court which they think will probably be the best thing particulary as the ms is severe and all her needs and support on in and around this home.I will let him know he can demand his rent payments back.
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