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Housing & Environmental Services - 23/09/99


V27-557 : HOUSING ACT 1985 - RIGHT TO SUCCEED TO A SECURE TENANCY

The report of the Director of Housing and Environmental Services dealt with the Council's policy to allow two successions to Secure Tenancies, to a person qualified to succeed, in relation to Sections 87 to 90 of the Housing Act 1985. It had been established that the law did not allow two successions, and that it was only possible to allow one succession in order to conform to the legal requirements of the Act.

It was noted that some cases could now incur hardship, for instance where a person was a joint tenant and subsequently became sole tenant, this would count as a succession, and there could not be a second succession. In such cases an application for housing under Part VII of the Housing Act 1996 (Housing the Homeless) would be appropriate. There would also be cases not eligible for help through the homelessness legislation.

RESOLVED

1. That the existing policy be changed, to allow only one succession to a Secure Tenancy, as defined by the Housing Act 1985, Sections 87 to 90.

2. That where there is no right to succeed to a Secure Tenancy, but there appears to be a priority need as defined by the Housing Act 1996 Part VII, an application be received from the occupiers.

3. That where there is no priority need as defined by the Housing Act 1996 Part VII, but person(s) have been living with the secure tenant for at least 12 months, a report be submitted for consideration by the Housing Sub-Committee.

*Policy Decision.


Volume 27 Minute 557

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