Options for tenants and co-tenancy


Questioner

I live with my 2 adult children in a rental house. I would like to move in together in my boyfriend's house soon. One of my children does not want to move with me but wants to continue living in the rental house. She has an income and is 24 years old. Is it possible for her to continue living in the rental house? She has been registered with the housing association for 6 years now. It concerns a social rental house. I would like to hear if there are any possibilities. Thank you.

Lawyer

If tenants live together permanently – that is to say: if they both have their main residence in the home – a tenancy agreement can be concluded with the landlord in the name of both persons. This is called joint tenancy. In the case of tenants who are related to each other as a family, the starting point is that the requirement of 'lasting joint household' has not been met, as is the case with a marriage or with unmarried partners. Children living with their parents is customary, but cannot be equated with a marriage. As a result, an appeal to co-tenancy in a family context almost never succeeds. If this were possible, rental properties could be passed on from generation to generation because the tenant's children register as co-tenants. Therefore, I am afraid that it will not work, unless there is a disability or something like that that prevents a sustainable society from being present.

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