The remaining tenant may be able to get a sole tenancy for the property depending on their circumstances. We make decisions on a case by case basis, and there is no guarantee that we will grant a new tenancy. We have two children together who he sees most weekends. Your Tenancy. A joint tenancy is more common with students, friends or family moving in together, as you will all likely move in and leave at the same time. The tenancy agreement should be signed by all tenants and your landlord. 22 replies 6.6K views dawn1974 Forumite. This means that all co-tenants are legally responsible for the rent and care of the property as a group and as individuals. However, there are some conditions - you must not have rent arrears, a history of antisocial behaviour, or have broken any of the terms and conditions of your tenancy… When problems arise, it's usually because one tenant wishes to move out of the rental while the other one doesn't. If your partner and/or landlord will not agree to this voluntarily, you may be able to apply to the court for a transfer of tenancy. Renting in just your name. We've broken down the process into easy to follow steps below: Have your Title Register to hand. You can ask us to end an existing tenancy and create a new one in order to add a joint tenant, or remove someone who no longer wants to be a tenant. The agreement also states that if I’m in this situation I should check with the council to see if they have any objections. I got a joint tenancy with my ex partner in April 2015 & approximately 6 weeks later I realised that he … If the tenancy agreement does not end, the tenant must obtain written agreement from the landlord and other tenants before they can withdraw someone from a common tenancy agreement: if all tenants leave on the last day of the fixed-term contract, this usually means that the tenancy and tenancy obligation ends for all. By law, you have to give us 4 weeks’ written notice telling us that you want to terminate (end) the tenancy. tenancy agreement as a tenant, each of those people are co-tenants. If you evict one tenant whether under Section 8 or 21 all must leave. If more than one person signed an agreement together (all your names are on the same document) then it will be a joint tenancy. Your landlord should make sure that everyone has given their permission before agreeing to end the tenancy. Transfer of the lease It is possible that a court decision may be made through an individual lease agreement to another tenant or a transfer of a common lease solely on behalf of a tenant. This means the joint tenancy agreement will end. Removing a Joint Owner's Name from the Property Deeds when they have Died. However, they may not realise this, and may end the tenancy at the request of one tenant. Under Queensland tenancy laws co-tenants are jointly and severally liable. 5 April 2017 at 8:37PM edited 30 November -1 at 12:00AM in House Buying, Renting & Selling. Giles Peaker on 14/01/2017 at 11:24 am They can’t just ‘remove their name off the tenancy’. It can be tricky to get your name removed from a joint lease. Death of a joint tenant . A joint tenancy is when two or more adults (aged 18 or over) are named on the tenancy agreement. remove their name from the tenancy agreement, or; replace their name with another tenant from an agreed date. agreement (joint tenants) If one of you has left or will be leaving the home and the other is to remain then it is sensible to arrange a tenancy in the sole name of the person remaining. Download our 'Tenancy changes - removing a name from a joint tenancy' leaflet for details about removing a name from a tenancy. Reply . After leaving the property refused to take their name off. But this can only be done in certain circumstances. Remember joint tenants are considered to be a single entity. If you separate and leave the property without dealing with the tenancy you will remain liable for the rent until the dispute about the tenancy has been involved. Removing someone from a joint tenancy must be done with the agreement of all parties and an assignment document signed by all people named on the tenancy agreement. Removing a Form A (tenants in common) Restriction . I left the home in January 2001 and my divorce became final in August of that same year. Most people with a secure, assured lifetime or 5-year fixed-term social housing tenancy in their name are eligible for a home swap. A friend has a tenancy agreement with another friend both named on the T.A. Apply for a joint tenancy Removing a name from a tenancy. End the existing tenancy and create a new sole or joint tenancy. If the tenancy agreement is in your name, you have the right to remain in your home. Can you take them to court? I have brought up … Re-allocation / Joint tenancy information. The situation is therefore risky for the tenant who stayed. Joint tenants have exactly the same rights and responsibilities as each other. If you are thinking about asking us if you can have a joint tenancy with someone else, you should read our factsheet WDH Re-allocation . If one tenant wants to end the tenancy, they will need to get the other joint tenants' permission first, because this will end the tenancy for everyone. But this can happen only in certain circumstances. If you are joint tenants, you may be able to remove their name from the tenancy agreement and get the tenancy transferred into your name only. Your rights as a housing association tenant . Even if you only wanted to evict a single tenant you have no choice. A joint lease is a rental agreement which has two or more tenants. It is not a permanent solution and also needs to have an injunction to stop them terminating a joint tenancy. Transferring the tenancy 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. Alternatively, one joint tenant can serve us with a notice to quit. This is perhaps one of the most common reasons why a name would need to be removed from a Title Deed. Joint tenants need to write to the landlord confirming they both agree to the change in tenancy. When I left there were rent arrears which I paid off. If you would like to remove your name from a tenancy you can contact OneCALL 0345 8 … As a general rule, landlords, whether they are housing associations or councils, cannot unilaterally end a joint tenancy or remove names from a tenancy agreement at the request of a joint tenant. It is not possible to swap from tenants in common to joint tenants. Most lease agreements do not extinguish a tenant’s financial obligation to the owner simply because one tenant decides to vacate but leaves behind other co-tenants. If there are arrears on the account, then a disclaimer will need to be completed for parties to sign so that the existing tenant agrees to take on all responsibilities for the tenancy from that date onwards. You will usually have a joint tenancy if someone else's name is on the tenancy agreement as well as your own. Even if they promised to. You can also change from sole ownership to tenants in common or joint tenants, for example, if you want to add your partner as joint owner. Please note it is always advisable to seek independent legal advice. So essentially one name is … Joint tenants with one tenancy agreement. As a general rule we cannot remove a name from a joint tenancy agreement at the request of a joint tenant (even if both tenants agree). What if the other tenant decides to leave the property with a written signed and dated mutual agreement stating that they would remove their name off the tenancy. If you have left the family home and removed your name from the joint tenancy agreement, you can apply to the local authority for accommodation. A word about eviction. So as the title says, my ex partner will not remove his name from the tenancy agreement. This might be one other person or a number of people. Adding or removing a member of your household does not mean they've been added or removed from the tenancy agreement. If you are a joint tenant with your partner, you both have the right to carry on living in the property. Each of the tenants is responsible for their own rent and responsibilities and for the group's responsibilities and rent. Obtain the Title Number from the top of the Register. My then husband and I took out a joint tenancy of a Housing Association property in 1990. This is knows as joint and several liability. Joint tenants have equal rights and responsibilities under the tenancy agreement for the whole of the tenancy. change of name application form; Change to a joint tenancy. Estate Agent refusing to remove my name from tenancy. Joint tenancy. If there are joint tenants, each tenant should receive a copy of the agreement. I have a partner also but we do not live together, although are planning to in the near future. This will be allowed if both tenants are in agreement. You will not normally be able to leave the tenancy until the tenancy term has expired. the good tenant. 363 posts 5 April 2017 at 8:37PM edited 30 November -1 at 12:00AM in House Buying, Renting & Selling. You are also responsible for making sure the rent is paid and that the terms of the tenancy agreement are complied with. 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 you hold a sole tenancy with us and want to change this to a joint tenancy you'll need to check the terms of your tenancy agreement. Usually joint tenancies are set up where all the tenants are party to one tenancy agreement. It seems to me that should they relinquish the tenancy or I set a section 21 date for the property to be returned then realistically I can't offer new terms (AST) to the good tenant until the property is indeed returned OR the bad tenant moves on as it will still look like the initial agreement is still in place with 1/2 of the applicants still residing in the property i.e. There are occasions when you will want to remove a Form A restriction. If the landlord agrees to the change in tenancy, a new tenancy agreement will need to be signed. I did not think to remove my name from the tenancy agreement at that time. No matter how many names you have, there may be a requirement to have one … Contact the Housing Department of your local authority or housing association. Adding a joint tenant. 1. This is why you should seriously consider evicting all tenants once the joint tenancy agreement has been broken. Check whether the property is held as a joint tenancy. The council tenancy agreement states that following relationship breakdown, the only way for me to remain in the property is to obtain a court order to pass the tenancy from joint tenants to a sole tenancy. 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. This is sometimes called a Notice to Quit or a ‘Mc Grady’ Notice. As a joint tenant, you are entitled to live at the property and you are jointly liable to pay the rent and ensure that you do not break the conditions of your tenancy. 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