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Transfer of Social Housing Tenancy

  • 08-06-2018 2:24pm
    #1
    Closed Accounts Posts: 36


    My parents are currently going through a messy divorce and since they split up my mother has become engaged to another man and due to this myself and my younger brother were thrown out of the family home due to differences with my mother's fiance.

    So I'll keep this short, my father was thrown out of the home in February 2016 and my removal was followed 12 months later along with my brother's in August of the same year (2017). My mother entered into a relationship in October 2016 and her partner practically moved in around January 2017 and tried to install his beliefs and rules on all of us and the house, thus resulting in obvious confrontation between all involved.

    Now myself, my father and younger brother are currently residing in my grandmother's in her living room as we have no other options and with the current rental climate we are finding it extremely difficult to find suitable accommodation.

    My parents received a council house in 2003 which both signed a joint tenancy for. My mother however no longer lives there and has moved down the country to live in her partner's home with my younger brother and my sister also lives there part-time. It is well known in the locality that she no longer lives there and hasn't done so since the end of 2017. My sister (15) has however been staying in the house by herself with friends. Surely this is not allowed due to her age.

    Now since my mother no longer lives there and in my view my sister is illegally living there by herself and the fact that myself, my father and brother are pretty much homeless and his name is still on the tenancy would there be any chance that my father could try to get access to the home and take over the tenancy due to it being derelict and being lived in by a 15 year old.

    The property is going to waste as due to alterations my father made to it it is now a 4 bedroom home, far too big for a 15 year old to have to oneself. If it is possible to get the house solely in my father's name allowing us three to move back in how would we go about doing this?


Comments

  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    Who is paying the rent on this place? There’s absolutely no reason if your fathers name is on the lease why he wouldn’t be living in that house and I’m baffled as to why he thinks he needs advice first?!?


  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    Your father needs to contact the council.

    If his name is still on the lease, then in their eyes he is still liable for the rent and what is happening in the house. And there should be no consequences if he gets the locks changed and moves back in. But I suspect there may be more to the story ....

    Who has custody of your 15 y/o sister? If she's regularly staying in a house unsupervised, I'd see that as a matter for Tulsa to get involved, unless whoever has custody has measures in place for supervision etc.


  • Closed Accounts Posts: 36 rooster00


    Your father needs to contact the council.

    If his name is still on the lease, then in their eyes he is still liable for the rent and what is happening in the house. And there should be no consequences if he gets the locks changed and moves back in. But I suspect there may be more to the story ....

    Who has custody of your 15 y/o sister? If she's regularly staying in a house unsupervised, I'd see that as a matter for Tulsa to get involved, unless whoever has custody has measures in place for supervision etc.

    My mother has a barring order against him for the property which will be in place until October of this year. Hence, why he has not gone into the property and changed the locks since she's moved out.

    Technically neither my mother or father have yet been granted custody of the children through the courts but she is the full-time carer of my sister as she refused to let my father see my two younger siblings. She stays there every weekend with her friends... Monday to Friday the house is empty. There is no adult supervising her while she's there on weekends. People around the area have begun to talk about the situation and this is how we found out.

    Is there any chance that I could apply to take over the tenancy of the property?


  • Closed Accounts Posts: 36 rooster00


    splinter65 wrote: »
    Who is paying the rent on this place? There’s absolutely no reason if your fathers name is on the lease why he wouldn’t be living in that house and I’m baffled as to why he thinks he needs advice first?!?

    My mother is as far as I'm aware. My father's name is still on the lease but she has since taken him off the actual rent. She also has a barring order against him which is in place until October of this year, hence why he's seeking legal advice.


  • Registered Users, Registered Users 2 Posts: 36,170 ✭✭✭✭ED E


    rooster00 wrote: »
    hence why he's seeking legal advice.

    3...2..1...


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  • Closed Accounts Posts: 36 rooster00


    ED E wrote: »
    3...2..1...

    What's this morse code or something...?


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