前妻離世,留下公屋單位比個女,我可以暫代簽租約?

2015-07-06 10:40 pm
本人與前妻離婚,女兒撫養權歸她,半年前她不幸過身,現留下一公屋單位,
之後都繼續有交租,因女兒未成年,暫時未能續簽租約,但早前法庭已將女兒撫養權轉回給我,請問我可暫代女兒簽租約到佢18歲為止?

回答 (2)

2015-07-06 10:53 pm
✔ 最佳答案
根據房署條例:

戶主去世後,倘若戶主並無在生配偶/合法配偶,有關的租住權亦可批予單位內居住的其他認可家庭成員;但須接受全面入息審查,凡未能通過或選擇不申報入息及資產的家庭,均不獲批新租約,並須遷出有關公屋單位;


而樓主女兒尚未成年,應沒有入息,此乃特殊個案,樓主應親向房署申述理由;
2015-07-06 11:40 pm
Sorry about the loss of your daughter.

Unfortunately, the answer is no, due to complication of the law.

A minor has no legal capacity unless he/she has been emancipated legally. On that basis, a minor does not entitle any public benefits by himself or herself. It is not a matter if she can sign or not, but if she is qualified for public housing or not.

Since you have re-obtained the custody, your daughter has rejoined your household. If your entire household can qualify for public housing and will move into the unit, the Housing Department could allow your family to keep the unit. Otherwise, the Housing Department will terminate the lease.

You should prepare a new residence for your daughter.

收錄日期: 2021-04-27 18:25:53
原文連結 [永久失效]:
https://hk.answers.yahoo.com/question/index?qid=20150706000051KK00038

檢視 Wayback Machine 備份