RCJ CAB – legal advice and assistance, including family Different council tenants have different tenancies. When a council tenant dies, a joint tenant, husband, wife, or civil partner will usually be entitled to take over the 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. When you divorce, you can usually include a transfer of the lease in your divorce proceedings. Improvements and alterations to your home. Transferring the tenancy unilaterally end a joint tenancy or remove names from a tenancy agreement at the request of a joint tenant. If you are a social tenant and are the only one living in your council flat or house you may be wondering if it is possible to add someone to your tenancy. Changes to your tenancy. If you’re joint tenants and you both want to leave, either you or your ex-partner can end the tenancy by giving notice. DAHA – list of national and local support services. If you leave your home and don't end your tenancy legally, you'll still be liable for rent. 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). tenants on the tenancy agreement, even if one of you has moved out. If you are the sole tenant, and your relationship has broken down, you can, in principle, throw out your ex without any problem. Sometimes it is also not possible for a tenancy to be assigned. Please note that we cannot give advice on individual’s situations or problems on this blog. Your landlord may want to end the common lease and start a new one with the remaining person. man and wife in council property both on tenancy agreement. Please contact your Neighbourhood Officer. The easiest, quickest and cheapest is an assignment of the tenancy. If your ex-partner is the sole tenant and is no longer living at the property, you have no legal right to live there. This is known as a succession and can only happen once per tenancy. 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. This is knows as joint and several liability. If one tenant ends this type of joint agreement none of the other tenants can stay in the property without the landlord's permission. “Can I take my ex off the tenancy” and so on. The answers are not all straightforward. Legal aid eligibility check & advisor finder, Housing Law Practitioners Association – Legal Aid housing specialists list. however i only ever saw him on weekends when he picked my son up, and the council office was never open. There are steps that can be taken about this in some circumstances that we’ll come back to below. You’ll both need to move out. General Landlording & Rental Properties Boston Law: Removing One of Two Tenants From a Lease Dec 27 2016, 13:26; General Landlording & Rental Properties Adding/Removing tenants - lease Nov 26 2015, 08:51; General Landlording & Rental Properties Tenants partner wants to be removed from the contract Mar 8 2018, 10:02 “Can I take my ex off the tenancy” and so on. For sole tenants, other family members may be allowed to inherit the tenancy when they die. Your landlord may hold you liable for rent arrears or damage caused by you or any of the other tenants with retirees. This would need a deed of assignment. “if we have a joint council tenancy can i kick partner out?” If you're joint tenants, your ex-partner needs your written permission to end the tenancy. Check if you have a joint tenancy. 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. You should seek legal advice and assistance on obtaining the injunction. Based on a work at nearlylegal.co.uk. 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. Once resolved, however, things can be easier to navigate with a lucky landlord getting rent and tenants taking advantage of the occupancy. my ex partner and i have a joint tenancy on a council flat. 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 can only happen within divorce or judicial separation proceedings, not at any other time. Sole tenancy You are also responsible for making sure the rent is paid and that the terms of the tenancy agreement are complied with. My friend went through hell with her ex in this situation he wouldn't sign the house back to her, but was refusing to pay the rent and she couldn't get housing benefit because he was still on the tenancy What worked for her was when he tried to apply to the council for housing for himself. This is where things get more complicated. For example, you and your landlord may have agreed at the start of the tenancy how much the rent would be and when it is payable, whether it includes fuel or whether your landlord can decide who else can live in the accommodation. the respective housing needs and housing resources of the parties and any relevant child. If a common tenant terminates the tenancy agreement, it terminates the tenancy agreement. What to expect from your annual home visit. Rights of Women – family law advice and support The position for the tenant who has remained is therefore risky. How Do You Remove Someone From A Joint Tenancy Agreement, From 3D-printed swabs to Wayfair's profitable quarter, these were the top five tech stories of 2020 - Boston Business Journal, MASSIVit is eyeing a TASE IPO at a valuation of over $200 million - CTech, Revopoint POP 3D Scanner performs high-precision scanning for 3D printing - Gadget Flow. However, you and your landlord can agree on matters not covered by legislation in a lease or tenancy agreement, for example, who pays for the utility bills. The lessor is not legally obliged to grant a tenancy agreement to the remaining tenant. 2. He or she is responsible for paying the rent. 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”. You can try to prevent this if you want to stay. The first step is that you need to work out who has the tenancy. Advocate – pro bono legal help by barristers (can take direct requests during the Covid 19 emergency) A tenancy agreement exists even if there is only an verbal agreement between you and your landlord. Solace – advice Seek your ex’s agreement This can often be accomplished without your ex even appearing in court. There is a lot of confusion and not a lot of clear information about tenancies and relationship breakdown out there. 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. If you are living in the property and your ex has left, they can end the whole tenancy – including your right to stay there – on a month’s notice, without telling you. Transferring a Scottish secure 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. Ending a periodic tenancy (The contents apply for England and Wales only, I’m afraid. 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. So as the title says, my ex partner will not remove his name from the tenancy agreement. 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). We have two children together who he sees most weekends. I can’t advise on Scottish law). So, here is an attempt at an FAQ, and with a list of agencies to contact where domestic abuse is concerned. When the notice ends, the tenancy and the right to live in the property will end for all tenants. And it has to be faced that a significant proportion of these situations will involve domestic abuse. 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. A specialist called “Mediator” can help you and your ex-partner find a solution without going to court. Galop (for lesbian, gay, bisexual and transgender people) – 0800 999 5428 Men’s Advice Line – 0808 801 0327 Joint tenants are all equally responsible for paying the rent on a property and for sticking to the terms of the tenancy agreement. However, if you are married to the tenant you may have a right to claim the tenancy. “if we have a joint council tenancy can i kick partner out?” man and wife in council property both on tenancy agreement . If the tenancy agreement is in your ex-partner’s name. 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). This is wholly up to the landlord, it is not a right for the remaining tenant. If you have common tenant names in the lease, it is possible to withdraw one based on a small number of tenants who are now responsible for things. I can only outline possible options here. You can try to prevent this if you want to stay. 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. There would be nothing that the remaining tenant could do to stop it once the notice to quit has been given. But the decision is up to the court, and very good reasons would need to be made out for the tenancy to be transferred. Protecting a joint tenancy The exact rules depend on the type of joint-tenancy agreement you have. An advisor can explain the process and help you find out what`s best for you. Your landlord does not have to agree. Your rental agreement will be a joint tenancy if both you and your partner are named as tenants on the contract. 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. For joint tenants, this means that if either tenant dies, the remaining tenant will automatically inherit the tenancy. If you rent from a social landlord, your ex-partner will also need to give them 4 weeks' notice unless the landlord has given their written agreement to end the tenancy sooner. the respective financial resources of the parties, the likely effect on the health, safety and wellbeing of the two parties and of any child. There is a confirmation email, so check your spam folders if you don't receive it. If a replacement tenant is moving in, make sure they sign a new contract with the remaining tenants. 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. Many people think that someone’s name ‘being on the tenancy’ is important. 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. 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. Assignment of a tenancy Check your agreement to see if it's a periodic or fixed term tenancy. If only one of you wants to move, you must first check the type of rental you have. Excluding an abuser This will depend on: the legal status of your relationship; whose name is on the tenancy agreement; who you rent your home from. If you rent from a housing company or council, you will receive help from your nearest citizen council. You can check what rent you can check with the Shelter rental agreement. Adding someone to your tenancy. If you are a joint tenant with your partner, you both have the right to carry on living in the property. 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. 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. 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. Coronavirus update: our Locality services are currently available by telephone only. How to end a tenancy, add or remove someone, and who can inherit a tenancy when a council tenant has died. 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. If you have a joint tenancy agreement with more than 4 named tenants, your … 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. Where your ex has left, and it is a joint tenancy, it may be possible for them to assign their interest in the tenancy to you. 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. If you d… A sole tenancy – there is one tenant, no matter how many other people’s names are ‘on the tenancy’ as occupiers. You can still move out of the building, but you remain subject to rent as long as the lease continues. If you are threatened with violence, you may be considered a legal homeless person and seek assistance from the Council. An advantage of this option is that the new tenancy agreement creates a new right to succession. (Things may be more complicated if you are married or in a civil partnership, or if you have children. Annual home visits. You have to go to court to transfer a lease, so it is best to try to get an agreement with your ex-partner first if you can. 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 The only important thing – for now – is who is the named tenant. The ex has decided to punish me by not signing off the lease so that he can have access to my apartment whenever he wants. You are each responsible for the whole of the rent, not a share of it. Advice Now – Video guide to applying for an injunction for domestic abuse and links to advice and support. What can be done? It doesn’t help that the law is rather complicated. Seek the landlord’s agreement Sometimes when there's more than one tenant on the tenancy agreement, one of these tenants may want to leave. Subscribe for email updates - the previous 24 hours new posts, whenever there are new posts. The lessor is not legally obliged to grant a tenancy agreement to the remaining tenant. 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. 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. Each needs proper legal assistance and advice. There are only two ways to legally do this. If your ex poses a threat to you, you can ask the police or your local court for a restraining order. A joint tenancy – there is one tenancy but two (or maybe more) people are named as tenants. Nearly Legal by various authors is licensed under a Creative Commons Attribution-Non-Commercial 2.0 UK: England & Wales License. COVID-19 and renting In October 2020, an eviction ban was introduced for any period when people’s movement is restricted to 5 kilometres from their home as part of COVID-19 restrictions. Your ex can’t be just ‘taken off the tenancy’. Support and advice for victims of domestic abuse Women’s Aid – advice and ways to find local support. term of a tenancy agreement (including who the co-tenants are) there must be an agreement (in writing) between all parties to that agreement. Housing resources include whether either party would qualify for rehousing under homelessness or allocations legislation. The house is joint secured tenancy agreement with ex husband.How on earth do I get his name removed? 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. The purpose of this blog is to provide information and discussion. You each have the full right to occupy the property under the tenancy. They also remain liable for the rent. So it is not a solution, just a temporary protection. Tower block photos (c) Malte Brandenburg, used with our thanks, (We can’t give advice on individual issues), Relationship Breakdown and Tenancies – FAQ, Freephone National Domestic Abuse Helpline, Creative Commons Attribution-Non-Commercial 2.0 UK: England & Wales License, the income, earning capacity, property and other financial resources of both parties now and in the foreseeable future, the financial needs, obligations and responsibilities of both parties now and in the foreseeable future, the income, earning capacity, property and financial resources of the child, any physical or learning disability of the child. the manner in which the child was being, or was expected to be, educated or trained. If you've agreed one of you plans to stay, it’s usually best to explain this to your landlord and ask them to update the tenancy agreement. Usually joint tenancies are set up where all the tenants are party to one tenancy agreement. 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 HA can NOT simply remove you from tenancy agreement. Unsurprisingly, landlords will often fail to do this. Your landlord can add someone to your tenancy if the person you want to add. 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). We can serve an Abandonment Notice on your ex-partner to help you become the sole tenant. It is not a permanent solution and also needs to have an injunction to stop them terminating a joint tenancy. 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? If you are considering buying or selling part of your home, you should receive help from your next citizen council. Removing partner form tenancy agreement 06-09-2006, 16:04 PM. Freephone National Domestic Abuse Helpline, run by Refuge 0808 200 0247 But it all depends. You cannot add a partner to an importer or a flexible fixed-term lease. This ideally needs legal advice and assistance, as it is a serious step. 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. If there is a disagreement about the tenancy you can ask your ex-partner or spouse to agree What this means is that you both have a single tenancy, with all the rights and liabilities of it. If you are not sure that this is the best option, you can get help from your nearest citizen council. There are steps that can be taken about this (see below). If you are both named tenants, it is highly likely to be a joint tenancy. 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. Any tenants who want to stay on at the property need to try and arrange a new tenancy agreement with the landlord. 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”. Here are details of some agencies that offer advice and assistance for those facing domestic abuse and some in family law. You can request a rent transfer if your landlord refuses to change your contract or if your lease does not allow it. The answer is Yes but you will first need to get the Housing Executive or housing association’s permission to create a joint tenancy. If you have ever tried to clarify things with your ex-partner and find it difficult, you can get help to reach an agreement. Sadly, since 2013, there has only been very limited legal aid available, mostly where there has been domestic abuse. So, if you are the sole tenant, and you are not married or in a civil partnership, and you don’t have children, you can throw your ex out on 24 hours notice, as they are just a licensee. It may also mean tenants losing rights built up over time, like the right to buy. If one party to a joint tenancy serves a notice to quit this has the effect of terminating the whole of the tenancy leaving the tenant in occupation at risk of eviction by the landlord. 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. 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 … If the tenancy agreement is in your name, you have the right to remain in your home. All parties means all the co-tenants as well as the lessor or agent. Nothing on this website should be construed as legal advice or perceived as creating a barrister/solicitor-client relationship. The legal tenant has broken the rules of the tenancy, and the courts will back the landlord. the circumstances in which the tenancy was granted. ... tenant(s). What you need permission for, and your responsibilities when making changes to a council property. Your tenancy agreement is a legal document and tells you all the rules about living in your property. the respective suitability of the parties as tenants. You’ll both need to move out. 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