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* 1. Joint Tenancies
We are not required in law to create joint tenancies, but will do so provided there are no good reasons for withholding consent. 

Lambeth will not grant a joint tenancy if:-

- There is legal action being taken against the tenancy
- The rent account is in arrears
- The current tenant is already a successor
- The proposed new tenant cannot demonstrate that they have been living at the property for at least 12 months
- There is a previous history of relationship breakdown
- Officers believe that the current tenant may be being pressurized into forming a joint tenancy
- Joint tenancies will only be granted to partners (not between friends, brothers and sisters or other relatives)

Do you agree with these criteria?  What do you think should change?

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* 2. Joint Tenancies
If one joint tenant gives notice to quit the tenancy comes to an end and there is no legal requirement on the council to provide alternative accommodation or allow the remaining tenant to continue living in the property.

In deciding what to do if one joint tenant serves notice, officers will consider the level of priority the household would be given under the council allocation scheme and their financial capacity to find alternative accommodation.  Where a discretionary tenancy is granted it may be to an alternative property if the existing property would be under occupied.

Does this seem reasonable, is there anything you would change?

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* 3. Discretionary Tenancies
The vast majority of allocations are made according to Lambeth’s Allocations Policy.  People bid on choice based lettings and are prioritised into bands based on a range of factors including over crowding, medical needs and homelessness.  The area offices have discretion to make direct offers in a small number of situations:-

- No right to succession.  Where there’s no right in law to succeed, but it’s reasonable to grant a tenancy to someone who was living there when the tenant died.
- Temporary Decants. Tenants who have been temporarily decanted to allow for repairs to be carried out in their home, may  be allowed to remain permanently in their temporary accommodation
- End of a joint tenancy. Sometimes when one joint tenant serves notice bringing the tenancy to an end, the council can award the remaining tenant a new tenancy.
 
Are there any other circumstances where you think the area office should have discretion to make a direct offer of a tenancy?

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* 4. Internal Transfers

The decision to accept a transfer application will depend on the following criteria:-

- There are no current cases of antisocial behaviour against the tenant
- There is a clear rent account – with some flexibility where people are downsizing
- The property is clean and tidy
- The gardens are well kept (where appropriate)
- There is no wilful damage to the property
- Any unauthorized alterations are put back
- There is an agreement to pay all recharges resulting from our action to rectify any of the above
- The move must not result in under occupation.

Are these criteria the right ones? Are there circumstances under which officers should be flexible and still authorise a transfer application?

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* 5. To help us keep track of who is responding, could you please tell us your name and postcode

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