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If you are a sheltered housing tenant, your You must not assign your tenancy unless you
spouse, civil partner or cohabitee of more than 12 have our written permission to assign your
months’ duration will succeed to the tenancy as tenancy.
long as they were living in the property as their
only or main home with you at the time of your If we have begun court action against you for any
death. If you do not have a spouse living with breach of the Tenancy Agreement, or any other
you, the tenancy could pass to a partner or family matter such as an injunction, we will refuse your
member as long as they are eligible for sheltered request for a mutual exchange.
housing and were living with you for at least 12
months before you die. Failing this, we may 3.13 Right to Buy
consider granting a tenancy of another suitable Existing secure tenants will normally have the
property. Right to Buy the freehold or leasehold of your
home after they have been a tenant for 3 years.
3.12 Right to assign You cannot buy your property during your
If you are a secure tenant or an introductory introductory tenancy, but your period of
tenant, you can under certain circumstances, introductory tenancy will count towards the 3
assign (legally transfer) your tenancy. years.
If you are a secure tenant or an introductory If you are a sheltered housing tenant, under the
tenant, the law allows you to assign your tenancy Housing Act 1985, you do not have the right to
to a person who would have been able to buy your home.
succeed to your tenancy if you had died
immediately before assigning it. This means that, If you have been guilty of anti-social behaviour,
if you are a sole tenant, you can assign your we can apply to court to request an order
tenancy to your spouse, civil partner, or to a suspending your right to buy for a period that the
family member, including cohabitee, or same-sex court may specify.
partner who has been residing with you for 12 You will not have the Right to Buy if we have
months at the time of assignment. If you are a obtained a suspended Possession Order against
joint tenant you cannot assign the tenancy to you.
another family member if they are not the other
existing joint tenant. Effecting an assignment
means that there will no further right to 3.14 Right to manage
succession upon the death of the tenant to This allows tenants’ organisations to take over
whom the tenancy has been assigned. the management of their homes and to run
services that we would normally be responsible
If you are a secure tenant, you have the right, for such as rent collection and the repairs service.
provided certain conditions are met, to assign A tenants’ organisation is eligible for the right to
your tenancy by exchanging with one of our manage if it can show that it represents the views
tenants or the tenant of another local authority or of all its members and does what they ask of it.
a housing association.
This right of mutual exchange does not apply to 3.15 If we end your tenancy
introductory tenants. We may terminate your tenancy by leaving at
The court has the right to assign a secure or your property, a Notice of Seeking Possession or
a Notice to Quit or any Notice required by law.
introductory tenancy on the breakdown of a
marriage or relationship. All notices we leave in connection with your
If you are a joint tenant and your relationship has tenancy, including any Notice of Seeking
broken down and you wish to transfer the Possession or Notice to Quit or other similar
tenancy into your sole name, we will ask you to Notice, will be treated as properly served and
obtain a court order from the County Court. received by you if left at the tenancy address,
addressed to you.
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