Once resolved, however, things can be easier to navigate with a lucky landlord getting rent and tenants taking advantage of the occupancy. Any tenants who want to stay on at the property need to try and arrange a new tenancy agreement with the landlord. Please contact your Neighbourhood Officer. If you're joint tenants, your ex-partner needs your written permission to end the tenancy. The first step is that you need to work out who has the tenancy. Assignment of a tenancy There are only two ways to legally do this. There are steps that can be taken about this (see below). You can try to prevent this if you want to stay. The position for the tenant who has remained is therefore risky. Where the parties are married, then it is possible to apply for an order that the tenancy be assigned to you solely under the Matrimonial Causes Act 1973. There's no limit to the number of people who can be joint tenants of a property. This is the case whether the agreement is fixed term (between a start and end date) or periodic (a continuing tenancy with no end date). 2. It also means that the only way for a landlord to sort out the position for the remaining tenant is to get that tenant to give notice, ending their tenancy, and then granting them a new sole tenancy. What the Court will consider is: All of these ways of transferring the tenancy really need at least initial legal advice and assistance from solicitors who have a family law practice. Advocate – pro bono legal help by barristers (can take direct requests during the Covid 19 emergency) Changes to your tenancy. Your rental agreement will be a joint tenancy if both you and your partner are named as tenants on the contract. If you rent from a housing company or council, you will receive help from your nearest citizen council. If you d… Rights of Women – family law advice and support Many people think that someone’s name ‘being on the tenancy’ is important. If the property is in your ex-partner or spouse’s sole name, or in your joint names, it is possible for him to end the tenancy agreement by himself. Seek your ex’s agreement If you have a common lease and your relationship with your common tenant is broken and he/she has left the house, you will probably want his/her name removed from the lease agreement with the local authority or the housing company. You have to go to court. term of a tenancy agreement (including who the co-tenants are) there must be an agreement (in writing) between all parties to that agreement. There is a confirmation email, so check your spam folders if you don't receive it. This is not how it can work, and is wholly up to your landlord whether they will agree to you ending the tenancy and them giving you a new one. The purpose of this blog is to provide information and discussion. If you have ever tried to clarify things with your ex-partner and find it difficult, you can get help to reach an agreement. This would need a deed of assignment. Transferring the tenancy Your landlord may hold you liable for rent arrears or damage caused by you or any of the other tenants with retirees. Sadly, since 2013, there has only been very limited legal aid available, mostly where there has been domestic abuse. However, if you are married to the tenant you may have a right to claim the tenancy. For joint tenants, this means that if either tenant dies, the remaining tenant will automatically inherit the tenancy. Sadly often, these issues arise in the context of domestic abuse, which makes them even more important and urgent. They also remain liable for the rent. A joint tenancy – there is one tenancy but two (or maybe more) people are named as tenants. Support and advice for victims of domestic abuse “Can I take my ex off the tenancy” and so on. So, here is an attempt at an FAQ, and with a list of agencies to contact where domestic abuse is concerned. But it only takes one joint tenant to end the tenancy – the whole tenancy for everyone – at least if the fixed term of any tenancy is over and/or the tenancy is periodic, or if a break clause allows earlier termination by one joint tenant. However, this can only be for a limited time and only where there is a realistic prospect of the tenancy being transferred to you by one of the ways set out below. Your tenancy agreement is a legal document and tells you all the rules about living in your property. tenants on the tenancy agreement, even if one of you has moved out. If only one of you wants to move, you must first check the type of rental you have. If the tenancy agreement is in your name, you have the right to remain in your home. Adding someone to your tenancy. In certain situations, other family members who have been living with the tenant for a year up until the date they died may also have this right. The only important thing – for now – is who is the named tenant. Unsurprisingly, landlords will often fail to do this. I can only outline possible options here. Galop (for lesbian, gay, bisexual and transgender people) – 0800 999 5428 But the decision is up to the court, and very good reasons would need to be made out for the tenancy to be transferred. I live in a council house with my ex partner and his 2 children we have a joint tenancy and i currently claim child tax and working tax for both of his children. Here are details of some agencies that offer advice and assistance for those facing domestic abuse and some in family law. Check your agreement to see if it's a periodic or fixed term tenancy. If you are considering buying or selling part of your home, you should receive help from your next citizen council. And many, many variations on this – “my ex is on the tenancy agreement, can he get the tenancy”, “who gets the council tenancy if I separate”. Sometimes when there's more than one tenant on the tenancy agreement, one of these tenants may want to leave. It is possible for a court order to be made transferring a sole tenancy to another tenant, or transferring a joint tenancy into one tenant’s sole name. We have two children together who he sees most weekends. This is known as a succession and can only happen once per tenancy. You are also responsible for making sure the rent is paid and that the terms of the tenancy agreement are complied with. If you’re joint tenants and you both want to leave, either you or your ex-partner can end the tenancy by giving notice. A tenancy agreement exists even if there is only an verbal agreement between you and your landlord. Protecting a joint tenancy If you rent your home and your name is on the tenancy agreement, you may be able to get your partner evicted from the property. The answer is Yes but you will first need to get the Housing Executive or housing association’s permission to create a joint tenancy. Where the parties are not married but have children under 18, there can be an application under the Children Act 1989 to transfer the tenancy to one of the parents alone for the benefit of the children. An advantage of this option is that the new tenancy agreement creates a new right to succession. How to end a tenancy, add or remove someone, and who can inherit a tenancy when a council tenant has died. You may then be able to get the tenancy agreement transferred into your name. What this means is that even where you have split up and one of you has left the property to live elsewhere, the person who has left can’t just be ‘taken off the tenancy’, because they are still the (joint) tenant. If there is a disagreement about the tenancy you can ask your ex-partner or spouse to agree It is possible to apply for an injunction order from the court to stop your ex serving a notice to quit. If your husband or wife, ex-husband or ex-wife, partner or ex-partner is a Scottish secure tenant, you have an additional option open to you: you can ask your landlord to get a court order to evict your partner in order to transfer the tenancy … There are steps that can be taken about this in some circumstances that we’ll come back to below. If you are a joint tenant with your ex, then they have a full right to access the property and to live there. Check if you have a joint tenancy. the circumstances in which the tenancy was granted. Ending a periodic tenancy ... tenant(s). This is a simple form that transfers the tenancy from you and your ex jointly (as it stands) to him alone (as you would prefer). Nothing on this website should be construed as legal advice or perceived as creating a barrister/solicitor-client relationship. RCJ CAB – legal advice and assistance, including family If you are the sole tenant, and you want your ex out, you can tell them to leave on reasonable notice, and possibly change the locks if they don’t. What to expect from your annual home visit. Where the ex has left, and it was a joint tenancy, you can seek your landlord’s agreement to you terminating the tenancy and being granted a new sole tenancy. “Can I take my ex off the tenancy” and so on. Advice Now – Video guide to applying for an injunction for domestic abuse and links to advice and support. This is wholly up to the landlord, it is not a right for the remaining tenant. If your ex-partner is the sole tenant and is no longer living at the property, you have no legal right to live there. You can try to prevent this if you want to stay. Sole tenancy Women’s Aid – advice and ways to find local support. The HA can NOT simply remove you from tenancy agreement. Usually joint tenancies are set up where all the tenants are party to one tenancy agreement. When the notice ends, the tenancy and the right to live in the property will end for all tenants. You should seek legal advice and assistance on obtaining the injunction. Hello All, I have been renting a property to a married couple for just 12 months on a 6 month short term tenancy agreement. This ideally needs legal advice and assistance, as it is a serious step. You might be able to negotiate with your landlord so that one of you can continue to live there after the tenancy runs out or the marriage or civil partnership ends. So it is not a solution, just a temporary protection. If one tenant ends this type of joint agreement none of the other tenants can stay in the property without the landlord's permission. Legal aid eligibility check & advisor finder, Housing Law Practitioners Association – Legal Aid housing specialists list. When a council tenant dies, a joint tenant, husband, wife, or civil partner will usually be entitled to take over the tenancy. Transferring a Scottish secure tenancy. Where it is a joint tenancy and there has been domestic abuse, it is possible to get a court order banning the abuser from the property. (The contents apply for England and Wales only, I’m afraid. If your tenancy agreement states very clearly that the tenancy is a ‘single occupancy’, the landlord can definitely start proceedings to evict the unwanted party. man and wife in council property both on tenancy agreement. You each have the full right to occupy the property under the tenancy. Just recently divorced from partner who resides in Hong Kong since Sept 2009.I live in a council house in Hertfordshire with my two children. Annual home visits. Whatever the purpose of your project – from professional grade design and rapid prototyping to hobbyist projects, to personalized gifts and accessories, 3D NYC Lab can provide you with the best results. Seek the landlord’s agreement The answers are not all straightforward. The lessor is not legally obliged to grant a tenancy agreement to the remaining tenant. The lessor is not legally obliged to grant a tenancy agreement to the remaining tenant. What this means is that you both have a single tenancy, with all the rights and liabilities of it. unilaterally end a joint tenancy or remove names from a tenancy agreement at the request of a joint tenant. The legal tenant has broken the rules of the tenancy, and the courts will back the landlord. Coronavirus update: our Locality services are currently available by telephone only. “if we have a joint council tenancy can i kick partner out?” If the tenancy agreement is in your ex-partner’s name. But this can happen only in certain circumstances. You’ll both need to move out. Nothing on this blog should be relied upon as a substitute for legal advice from a qualified solicitor regarding any actual legal issue or dispute. For sole tenants, other family members may be allowed to inherit the tenancy when they die. Your landlord can add someone to your tenancy if the person you want to add. This is where things get more complicated. The person who wishes to end the agreement will have to give written notice to quit to the landlord to formally end the tenancy. The Court will consider: Both married and unmarried people, with or without children, can apply to the court under the Family Law Act 1996 for the transfer of the tenancy. my ex partner and i have a joint tenancy on a council flat. DAHA – list of national and local support services. There is a lot of confusion and not a lot of clear information about tenancies and relationship breakdown out there. Excluding an abuser At least once a day, if not more often, there is an internet search that arrives at Nearly Legal along the lines of: “if i had a shared tenancy with my patner and we split up who would get the tensncy if we went to court? You must apply for an injunction from the court before your ex-partner announces it – this can be complicated, so it`s best to get help from your next citizen council. This is knows as joint and several liability. It is not a permanent solution and also needs to have an injunction to stop them terminating a joint tenancy. the respective suitability of the parties as tenants. We have been separated for 7 years (he walked out 7 years ago) and he has gone on to have 2 more children with another partner. If the name is there as a ‘permitted occupier’, or just as the spouse, partner or family member of the tenant, this doesn’t mean anything as far as the tenancy is concerned (we’ll get on to family rights later on). An advisor can explain the process and help you find out what`s best for you. This will depend on: the legal status of your relationship; whose name is on the tenancy agreement; who you rent your home from. Landlords can also draw up their own, as long as they include the minimum information required by the Act.Download the residential tenancy agreement below.Download the boarding house tenancy agreement below.Landlords also need to include additional statements in their new tenancy agreements.Find out about required statements in tenancy agreements Your landlord may want to end the common lease and start a new one with the remaining person. So as the title says, my ex partner will not remove his name from the tenancy agreement. If a common tenant terminates the tenancy agreement, it terminates the tenancy agreement. i have custody of 2 dependants” Where the ex has left and it is a joint tenancy, you are at risk of the ex terminating the tenancy without you being able to do anything about it (assuming it is a periodic tenancy and not in a fixed term). The departed tenant could give notice to quit to the landlord without any warning and that would end the tenancy for the people still in the property as well. It doesn’t help that the law is rather complicated. And many, many variations on this – “my ex is on the tenancy agreement, can he get the tenancy”, “who gets the council tenancy if I separate”. My ex told me that the council told him that he needs to claim for his children in his name and then the council would be able to rehouse him. Tenancy. We can serve an Abandonment Notice on your ex-partner to help you become the sole tenant. 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