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Alteration of tenancy argreement

Alteration of tenancy argreement

Postby shootist » Sun Mar 05, 2017 2:33 pm

A person I know has a council flat on what he describes as an 'assured' tenancy. I'm not quite sure if that's the right term, but it's a tenancy that appears to give a pretty much assured right of abode in that flat, which he has had for about six years. As a result of a recent council inspection they now know he has firearms, all legally and safely held with the appropriate licence. The council have expressed their disapproval and have told him they have now changed their/his tenancy agreement to prohibit firearms being kept on the premises. (They also threw a wobbly over him keeping his diving air bottles at the flat because they were 'dangerous').

The question is, can they threaten to give him the boot if he doesn't get rid of his firearms (and possibly his diving air bottles), and if they do, is the threat likely to have any substance.
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Re: Alteration of tenancy argreement

Postby Smouldering Stoat » Sun Mar 05, 2017 4:02 pm

I don't think a local authority has power to grant an Assured Tenancy. Either he's an assured tenant of another social landlord, or a secure tenant of a council: probably the former. Either way, yes the tenancy can be varied by notice; though he has to be consulted first. It would be best to assume that, if they are going to the trouble of varying the tenancy, they also intend to enforce it.

Specialised advice is probably called for but this is an area where legal aid is hard to come by, I'm afraid. Is there any possibility of reaching a compromise? It would be better for both sides not to get themselves into a position where they have a point to prove.
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Re: Alteration of tenancy argreement

Postby shootist » Sun Mar 05, 2017 6:46 pm

Smouldering Stoat wrote:I don't think a local authority has power to grant an Assured Tenancy. Either he's an assured tenant of another social landlord, or a secure tenant of a council: probably the former. Either way, yes the tenancy can be varied by notice; though he has to be consulted first. It would be best to assume that, if they are going to the trouble of varying the tenancy, they also intend to enforce it.

Specialised advice is probably called for but this is an area where legal aid is hard to come by, I'm afraid. Is there any possibility of reaching a compromise? It would be better for both sides not to get themselves into a position where they have a point to prove.


Oops! Yes, it's a housing association. My mistake.
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Re: Alteration of tenancy argreement

Postby Smouldering Stoat » Sun Mar 05, 2017 7:30 pm

Then I would advise caution. They do have wide discretion to manage their property. It would be wise not to bugger them about.
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Re: Alteration of tenancy argreement

Postby dls » Mon Mar 06, 2017 6:15 am

Such tenancies are in effect constantly renewed, and the power to vary a tenancy contract arises on the renewal.
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Re: Alteration of tenancy argreement

Postby tph » Mon Mar 06, 2017 7:52 pm

Does he have lockable firearms cabinet? I assume if they were locked away in a cabinet he would have no obligation to open it, so it would be difficult for them to prove.

With regards to the diving air bottles that may be difficult for them to exclude. Presumably they would have to roll out such a requirement across all their properties and given that some people require compressed air bottles for medical / disability reasons such a requirement could be seen as discriminatory.
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Re: Alteration of tenancy argreement

Postby atticus » Mon Mar 06, 2017 8:15 pm

The OP said the firearms are legally and securely held.
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Re: Alteration of tenancy argreement

Postby Smouldering Stoat » Mon Mar 06, 2017 8:23 pm

tph wrote:Does he have lockable firearms cabinet? I assume if they were locked away in a cabinet he would have no obligation to open it, so it would be difficult for them to prove.


Good luck with that. If the tenant refuses to open the cabinet, expect the landlords to presume that is because there is something inside that shouldn't be there.

With regards to the diving air bottles that may be difficult for them to exclude. Presumably they would have to roll out such a requirement across all their properties and given that some people require compressed air bottles for medical / disability reasons such a requirement could be seen as discriminatory.


I'm not aware of any such requirement. Are you able to provide a link? It would appear odd if landlords had to have identical tenancy agreements for all their properties. The discrimination argument is a non-starter. He does not appear that he has the protected characteristic which would be discriminated against. Even if the variation were applied to all the landlord's properties, they could permit medical oxygen bottles as a reasonable adjustment.

I repeat this is not a matter to bugger about with. Someone's home is at stake.
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Re: Alteration of tenancy argreement

Postby tph » Mon Mar 06, 2017 8:49 pm

If air bottles are dangerous why would you allow one person to have them and not another?
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Re: Alteration of tenancy argreement

Postby Smouldering Stoat » Mon Mar 06, 2017 8:54 pm

If it's not hygienic to take a dog into a supermarket, why would you allow one person to take one in and not another?
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