Tenancy Agreements

[PlanB]

Re: Tenancy Agreements

I've replied to your PM

Of course Zachary will live a long and happy life especially knowing that you all cherish him. You've given him the stability that he needs. The rest of the family need stability and certainty too which is why it's a good idea to check out the legal status with their housing. I know it's horrid to think of the worst case scenario but it's also a good idea.

The thing that jumps out at me is the question of succession rights. You need to know who has the right to stay in the property if there are any changes of circumstances to those named on the tenancy agreement. Who will be named? I presume it's a joint tenancy with Mum and Dad.

[PlanB]

Re: Tenancy Agreements

We are looking at long term and should anything happen to Mum & Dad that his siblings would be able to stay in the property and continue the care of Zachary, this is not a straight forward tenancy.

I've just had a wicked thought (I do that sometimes )

How old is the eldest sibling now?

Should your goal be to get a clause inserted into that tenancy agreement which gives any sibling on reaching the age of 18 (which is the legal age for entering into a contract) the right to be added to the tenancy agreement?

That's what I would aim for apart from everything else

[nanna58]

Re: Tenancy Agreements

jobsworths does no one in officialdom have commonsense or conpassionn.My heart goes out to you and your family all the luck in the world.With our Plan B you cannot fail.xxxxxxxxxx hugs

[clueless24]

Re: Tenancy Agreements

Hi Everyone
I am sorry I have not been around to let you all know what's going on. My daughter has been poorly and I have been looking after her and helping care for our little man, I think she just hit the brick wall and everything just got to much for her but she has had some mummy time with lots of love and cuddles and one or two shared tears, we have had our moment and now we are ready to get on with things again.
We received the proposed tenancy agreement which appears to be the bog standard agreement apart from pages 2 and 11 were missing (wonder why that is), we will of course take our original with us on signing day and compare the two.
In the meantime I have followed the excellent suggestions of our own superwoman (thanks PlanB) and asked that prior to the meeting that the contract should include the following additional clause: That once a sibling reaches the age of 18 they should be added to the agreement. I have also asked them to clarify right to buy,(not an issue at the moment but who knows what the future holds) Lastly I have taken the bull by the horns and asked them to clarify what would happen in the event of Zachary's demise would they be asked to move and if so who would be responsible for alternative accommodation. I am trying to preempt the things we know about prior to signing day and to create the paper trail. Letter is typed up this morning and ready to go.
Thank you to everyone who has contributed to this post your support and kind words mean such a lot and I am so grateful.
Big Hug to Plan B xxx

[clueless24]

Re: Tenancy Agreements

Hi Everyone
I thought I would update everyone as soon as I was able to, have been without phone line so no broadband either off and on for the past 3 weeks.
Anyway Annie had a response from the local authority today (on the day she is due to sign the contract) to our letter and basically they have said,
Yes as a secure tenant she will have a right to buy but will have to submit an application.
As a secure tenant you have a right to succession but there can only be one succession which will be the joint tenant in the event of one or the other's death, it will pass from a joint tenancy to a sole tenancy.
They will not and never would agree to insert any additional clauses into the contract. Secure tenants do have a right to assign a tenancy to someone that may be legally entitled to succeed in certain circumstances. You should seek further advice from a legal representative. They have then linked us to the Shelter website and information on assigning a tenancy.
Lastly they have said that they will not be asked to move but if they wanted to they would assist in that area.

We now have head scramble and feel under enormous pressure because she has to sign this afternoon at 2pm,
I can't make out if this is good or bad in terms of, if the marriage broke down and one or the other party left the home or if either were to die then surely the tenancy would go from a joint to a sole which would be one succession, how then could you assign the tenancy to the son when he reaches 18 if you are only allowed either a succession or an assignment.
Could anyway help me unscramble this please?

[PlanB]

Re: Tenancy Agreements

My personal feeling is you're stressing unnecessarily.

You've got a letter which spells out your daughter's legal rights which are strong and no different from anyone else's in social housing. There are bound to be loads of *what ifs* but I wouldn't worry about those now, and definitely don't let that stop the family from moving into their new home this afternoon.

In any event it's a lot easier to fight these things once you're occupying a property. They'd have a hell's chance of taking possession and evicting the kids if both parents died. For a start you'd be looking at Disability Discrimination and so on. Put your mind at rest by ringing the free Shelter Helpline 0808 800 4444 if you want to clarify anything further today.

I think your daughter should sign the tenancy agreement, grab the keys, and move into her new specially adapted home where they'll all live happily ever after. There's no need to let dark thoughts of people dying spoil this happy day.

PlanB x

[Undercover Elsa]

Re: Tenancy Agreements

How did this go, Clueless, did Annie sign, and how's everything with you?

Elsa xx

[clueless24]

Re: Tenancy Agreements

Hi Elsa
How nice of you to think of us. I will pm you shortly but just to update everyone she did sign and they would not budge on any of the matters we raised, the LA has been a total nightmare. They have moved in and we are taking each day and each problem as it comes.