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Your tenancy agreement is a contract with Barnet Council, which owns your home. See a sample tenancy agreement.

From July 2012 most new tenants are being granted flexible tenancies for two or five year periods.

Changes to your tenancy agreement

We will write to you if we plan to change your tenancy agreement and ask you for your views. We will consider your comments carefully before making any change.

At least 28 days before any change takes place we will send you a ‘notice of variation’ explaining how the tenancy agreement will change and when the changes will come into effect.

Tenancy change Description Criteria
Succession Tenant passes away and other household member wishes to take over the tenancy Household member has lived in the property for more than 12 months. Prior to the death

Is a spouse, partner or child of the deceased (unless flexible tenancy, then only spouse or partner can apply) Incorrect

If a discretionary succession, applicant is required to have a housing need under the Barnet Homes allocations policy. Incorrect LBB Allocations Policy

If the property is larger than the applicant’s needs, unless they were the spouse of the tenant, they will be required to move to a smaller property of a suitable size. Or adapted

If succeeding to a 5 year or 2 year flexible tenancy, the tenancy review date does not change.

In certain circumstances a Carer of the tenant can ask to succeed the tenancy – our Code of guidance states that we will consider a carers application for succession if they can prove that they’ve lived at the property for 12 months as their main and principal home, they have been receiving carers allowance for the tenant and they also have a housing need

You need to have two distinct sections as shown below taken from the succession procedure

Succession to a pre-April  2012 secure tenancy

Succession to a post April 2012 tenancy – flexible tenancies

Tenancy Type Secure tenancy pre April 2012 Flexible Tenancy post April 2012
Statutory succession

 

 

 Tenancy can be passed to spouse or partner, or close relative such as children, parents, siblings and most other close relatives, but not foster children

The person applying for succession (other than spouse/partner) must have lived continuously in the property as their principal home for 12 months before the death of the tenant

 Tenancy can only be passed on to spouse or partner
Discretionary succession The same conditions for a statutory succession with the two further additions-

Ø  close relative of the tenant, or someone who had to live with the tenant in order to provide them with care, without which the tenant could not have maintained their tenancy can also apply and

Ø  would qualify for the property under the Council’s allocations policy

 

 Same discretionary succession conditions as for secure tenants
Under occupation Statutory- spouse or partner can remain in the property. For other relatives alternative suitable accommodation arranged.

Discretionary- the council will assist to find alternative housing if they qualify for help under the allocations scheme. Could include an offer of accommodation in the private rented sector

 For both statutory and discretionary – the council will help them to find alternative housing. Discretionary only if qualify for help under the allocations scheme. Could include an offer of accommodation in the private rented sector
Tenancy type following succession Secure statutory succession – tenancy remains secure and continues

Discretionary succession in most cases will be given a flexible tenancy, unless the tenant falls within a category of people who will still be granted a lifetime tenancy.

 Statutory succession – flexible tenancy will continue until the term of the tenancy ends. Normal review procedure applies.

Discretionary succession in most cases they will be given a flexible tenancy, unless the tenant falls within a category of people who will still be granted a lifetime tenancy.

 

 

 

 

 
Assignment Tenant wishes to assign their tenancy to another household member Same criteria that is relevant to the succession (see above)
Sole to joint Sole tenant wishes to add their spouse or partner to the tenancy Spouse/partner has lived in the property for 12 months OR has a valid marriage certificate
Joint to sole Joint tenant wishes to remove the other tenant from the tenancy Both tenants must sign and agree to hand the tenancy over

Or a court order is obtained by one tenant giving sole possession of the tenancy to them.
Name change Tenant wishes to change their name on the tenancy Can provide evidence of a marriage certificate OR deed poll of name change OR can provide a valid photo ID such as passport with the new name