Is a joint secure tenant who moves out of their accommodation, leaving the other secure tenant in occupation, into accommodation provided by 188 and then by 193 still considered a secure tenant in respect to the exemptions as set out in sec 159 (5) of the HA 1996 (as ammended)?
Answers on a postcard please :)
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Weren't they told to give notice on the joint secure tenancy by the HPU when either offered 183 or 193 accommodation?
Nope,
They've now been given a band and a priority date as it's choice based lettings but told that they can't bid as they have a 'secure' tenancy.
NTQ is certainly 1 route but I was looking at the lawfulness of the lettings scheme. Seems to hinge on whether he's still classed as a secure tenant.
OK. Frankly astonished that this slipped past the HPU. Unless there was DV or similarly serious 'not reasonable to remain', HPUs would normally insist they had lawful accommodation available to them at the joint tenanted property. If there was DV or something similar, then they would be looking at relationship breakdown policy (and termination of the joint tenancy).
The trouble is that the joint tenancy hasn't been ended by operation of law, even if one joint tenant is still in occupation.
One view would be - s.159(5) will only bite when an offer under CBL is made - your client will HAVE to give notice on the joint tenancy prior to, or when offer is made, as 'allocation' doesn't take place until a person is 'selected' to be a secure tenant s.159(2).
But frankly, if your client has already had a duty accepted, they have nothing to lose by a Notice on the joint tenancy anyway. The other joint tenant is stuffed either way, because that tenancy will HAVE to be ended.
Cheers Nearly. Yeah this was a not reasonable to occupy one.
Shame you can't just easily assign.
On a joint? No, can't be assigned to a sole tenancy for the remaining tenant.
aye sorry that's I meant by 'can't just easily assign' as in can't at all :)
was kind of wishing it could be!
Have never really looked into why you can't only know that you can't.
Simple answer - both joint tenants have rights in the property, but ending one's rights ends it for both. No way round it.
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