Joint Tenancies

Can I have a joint tenancy with someone else?

Where an application for housing is submitted in joint names, any subsequent offer of a tenancy can and will normally be made in those joint names.

 

If you are already a tenant and request a joint tenancy with someone else we will say no unless it is with a spouse or civil partner.

 

We will decline all requests to create joint tenancies with any other family member. However the tenant and family member may have succession| rights that may apply in the event of the death of the tenant.

 

If the sole tenant and the other party are legally married, or have a civil partnership for same sex couples, the Council will consider such an application subject to the conditions given below:

tickbox  There must be a clear rent account.

 

tickbox  The tenancy must not subject to any Court proceedings or pending Court

        proceedings.

 

tickbox  There must no chargeable repairs owing.

 

tickbox  There have been no breaches of the terms of the tenancy agreement including

        those for anti-social behaviour.

 

tickbox  The tenant, or any member of the tenant's household or visitors, have not been

        subject to other legal action because of anti-social behaviour.

 

tickbox  The person with whom the tenant wishes to create a joint tenancy does not

        have a history of anti-social behaviour or domestic violence.

 

tickbox  The person with whom the tenant wishes to create a joint tenancy with does not

        have a tenancy of a Council or Housing Association property or owns a  

        property elsewhere.

The Council may also refuse to create a joint tenancy for other reasons not listed above where it can be demonstrated that it is just and reasonable to do so.

 

How do I remove someone else from a joint tenancy?

The Council has no powers to remove one tenant’s name from a joint tenancy.

 

The County Court can make orders that one person’s name be removed from a tenancy or that a tenancy be passed to someone else. You can speak to your Housing Officer| for initial advice but you will also need to speak to a solicitor.

 

One joint tenant can end the tenancy by serving a notice to quit on the Council.  This would mean that the tenancy ends and any remaining joint tenant would no longer be a tenant. They may be entitled to a new sole tenancy of the property but only if the property is suitable, for example, it is not too big for them.