Can someone live with me in my council house?

Can someone live with me in my council house

This page was last updated on 1 December 2021

Can someone live with me in my council house In 2021?

You might be considering letting another person live with you in council housing for a number of reasons. For example, you might like someone else to contribute to the rent to improve your financial circumstances, or you might want to start living with your family in a single household or with a spouse or partner as a couple.

It is important to consider if this is possible under your tenancy agreement as well as the changes this might make to your life. In addition to the information provided below, seeking advice from appropriate channels is also encouraged.

Topics that you will find covered on this page

You can listen to an audio recording of this page below.

 

Can another person move in with me in my council house if I am on benefits?

If you are on benefits such as Housing Benefit or Universal Credit and you want to start living with another tenant, who will also make a financial contribution and pay rent, you will have to tell the council that your circumstances have changed. This might result in a deduction in your benefits each month.

If the person you want to start sharing a home with is a spouse or civil partner, you will be reassessed as a couple. This might affect your housing benefit or council tax benefit.

Similarly, if the person moving in with you is over 18, they will be classified as a ‘non dependant’ and your entitlement will change accordingly.

You will receive a deduction for each adult living with you in your property, even if they are a part of your household or family and do not pay rent. This is because the council expects that any non-dependant will be responsible for making a financial contribution to the property by paying a share of the rent or tax.

Can another person move in with me if I am not on benefits?

If you are planning to have someone move in with you in your home, it is important to ask for your landlord’s permission first. If you do not ask for permission from your landlord first, this might be considered a breach in your tenancy agreement.

Most tenancy agreements stipulate that you cannot sublet the entire property, however you may be able to speak to your landlord about your situation. If they give you permission, you can then draw up a new tenancy agreement.

Do I have to include the person moving in with me to my council tenancy?

If the person living with you in your home is not paying rent, they do not need to be added to the council tenancy. However, this would mean that they would not have any legal rights to the property, and their position will be less secure as they will not be mentioned in the tenancy agreement.

To avoid legal troubles, it would still be wise to inform your landlord to ensure that you are not breaching your tenancy agreement.

Types of tenancy

There are many different types of tenancies on offer for a tenant. Whether or not someone can live with you in your council house depends completely on the type of tenancy agreement you have. Each council tenant has their own tenancy, which outlines its own set of rules and regulations.

Before you agree to let someone move into your home, you are responsible for checking which of these rules apply to you under your tenancy agreement.

Your rights and responsibilities vary according to the type of tenancy you have. The most common types of tenancies are introductory tenancy, secure tenancy, flexible tenancy and joint tenancy.

If the person you want to start sharing a home with is a spouse or civil partner, you will be reassessed as a couple. This might affect your housing benefit or council tax benefit.

If you need help or advice in deciding whether or not to take in an additional tenant in your home, you must first research the type of tenancy you have to see if it is possible in the first place.

Introductory tenancy

New council tenants are usually offered this type of tenancy, typically for a period of 12 months. After 12 months, the introductory tenancy gets converted into a secure or flexible tenancy.
Unlike secure, flexible and joint tenants, introductory tenants cannot take on additional tenants or sub-let their home.

Secure tenancy

In a secure tenancy, the tenant is allowed to live in the property for their entire lifetime, as long as they do not go against the rules of the tenancy. A secure tenancy also allows tenants to buy their property through the Rent to Buy scheme.

In a secure tenancy, you are ordinarily also allowed to rent out rooms in your property to lodgers. The council would normally only refuse for specific reasons, for example, if having an additional tenant would result in overcrowding.

In this type of tenancy you can also swap properties with another housing association or council tenant as well as make improvements to your property, with the council’s permission.

Subletting your entire home is a criminal offence if you live in council housing.

Flexible tenancy

This type of tenancy is for a specified amount of time, usually at least 5 years but can also be shorter. After this period is over, the council can offer the tenant another fixed term tenancy, convert it to a secure tenancy or decide not to renew the tenancy at all.

If you have a flexible tenancy you are allowed to rent out rooms in your home to someone else, if you are paying rent yourself. However, you cannot sublet the entire property.

Joint tenancy

In a joint tenancy, joint tenants share equal responsibility and all tenants must sign a tenancy agreement with the landlord when they move in.

In a joint tenancy, usually you will have to be living together for at least 12 months before you apply to be a joint tenant with someone.

A joint tenant can be added to the property at any time.

Can I transfer my tenancy to another person?

Secure or flexible tenants may be able to transfer their tenancy to someone else.

A ‘request to assign tenancy form’ must be completed before you can transfer your tenancy. This form can be found online, through your council’s housing department.

We recommend seeking proper advice before making such decisions.

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Article author

James Lloyd

I am the primary writer and author for Help and Advice, having originally helped start the site because I recognised that there was a need for easy to read, free and comprehensive information on the web. I have been able to use my background in finance to produce a number of articles for the site, as well as develop the financial fitness assessment tool. This is a tool that provides you with practical advice on improving your personal financial health.

Outside of work I am a keen rugby player and used to play up to a semi-professional level before the years of injury finally took their toll.  Now you are more likely to see me in the clubhouse enjoying the game.

Email – james@helpandadvice.co.uk

Linked in – Connect with me 

Frequently Asked Questions

Can another person move in with me if I am not on benefits?

If you are planning to have someone move in with you in your home, it is important to ask for your landlord’s permission first. If you do not ask for permission from your landlord first, this might be considered a breach in your tenancy agreement.

Can another person move in with me in my council house if I am on benefits?

If you are on benefits such as Housing Benefit or Universal Credit and you want to start living with another tenant, who will also make a financial contribution and pay rent, you will have to tell the council that your circumstances have changed. This might result in a deduction in your benefits each month.

Do I have to include the person moving in with me to my council tenancy?

If the person living with you in your home is not paying rent, they do not need to be added to the council tenancy. However, this would mean that they would not have any legal rights to the property, and their position will be less secure as they will not be mentioned in the tenancy agreement.

Can I transfer my tenancy to another person?

Secure or flexible tenants may be able to transfer their tenancy to someone else.

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