It may allow you to give notice and end the tenancy early. This agreement contains the terms and obligations of your tenancy. The court also has power under the Family Law Act 1996 to order the transfer of certain types of tenancies. It sets out the tenant's rights to live in a rented property. Your landlord may agree to transfer the tenancy to your name only. Please contact your Neighbourhood Officer. I guess the friend is under obligation to inform the local council that their partner has left so speak to the housing department. who you rent your home from. If there is a disagreement about the tenancy you can ask your ex-partner or spouse to agree If both your names are on the tenancy you both will be responsible for keeping up the rent until the end of the tenancy, or until one of you moves out and removes your name from the tenancy. Most private renters have this type of tenancy. But, if you do have your own agreement that doesn't mention your partner then you will probably still be able to live in the property if your partner leaves. I have no idea whether this will affect the tenancy but they must take into account income, children and size of property etc. Tenants with your own, individual tenancy agreements. 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. 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 lessor is not legally obliged to grant a tenancy agreement to the remaining tenant. For joint tenants, this means that if either tenant dies, the remaining tenant will automatically inherit the tenancy. IMPORTANT . 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. It is important for roommates to be aware that if the tenancy agreement is not a fixed-term rent or if there is a break clause, only a tenant completely terminates the tenancy agreement by sending a notice of termination to the lessor. The HA can NOT simply remove you from tenancy agreement. You are also responsible for making sure the rent is paid and that the terms of the tenancy agreement are complied with. Removing partner form tenancy agreement ... tenancy agreement in place having had the deed of assignment witnesed and signed or will i need to prepare another tenancy agreement actually removing the name of the 2nd tenant? If your ex-wife has no interest in continuing the tenancy herself, then you do not need to undertake the above application and can simply serve notice to quit upon the Council as above. It's a good idea to discuss your plans with the other tenants if you want to leave. Removing Ex Partner From Tenancy Agreement. If your partner rents from a private landlord or you have a joint tenancy from a private landlord you need to check the terms of the tenancy agreement to find out if you can ask the landlord to transfer the tenancy. Check if you have a joint tenancy. However, even if there is no formal agreement in writing, the Residential Tenancies Act still applies. In the absence of any mediated or negotiated agreement, both parties can apply to the Court for a Transfer of Tenancy Order and to ask the Court to transfer the joint tenancy into their sole name, thus removing their ex-partner’s name and removing If you're not married or in a civil partnership and your name isn't on the tenancy agreement… We use cookies to improve your experience. “intentionally homeless” and unable to secure housing with the council. Her name is still on the council tenancy agreement for their house even though she has not lived there in over 1 year. Tenancy agreements must be in writing, and the landlord must give the tenant a copy before the tenancy starts. If your ex-partner is the sole tenant and is no longer living at the property, you have no legal right to live there. 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. 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. Question - I need to remove my ex partner from the tenancy of my council - EG. If you are living in a state that might recognize your partner as your tenant or subtenant, you need to be very cautious about locking your partner out of the home. This is known as a 'break clause'. Joint periodic tenancy. It is not a tenancy-related question. Different council tenants have different tenancies. Break clauses. If your ex-partner leaves and refuses to pay the rent, you are liable to pay all the rent and any arrears owing, even though you are joint tenants. You can try to prevent this if you want to stay. If you're joint tenants, your ex-partner needs your written permission to end the tenancy. Get this agreement in writing. Once you have the above order, the Council will remove your name from the tenancy. Your actions will directly affect them. Find the answer to this and other Law questions on JustAnswer. 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 do not understand this agreement or anything in it, we strongly suggest that you ask for it to be explained to you before you sign it. If you leave your home and don't end your tenancy legally, you'll still be liable for rent. If you live with your partner: both of you can have your name on the tenancy agreement, as joint tenants. It is possible for the court to make a property adjustment order in respect of a tenancy including a council house tenancy and a housing association 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. 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). It's unusual for a landlord to give separate tenancy agreements to people living as a couple. whose name is on the tenancy agreement. Your tenancy agreement is a legal document and tells you all the rules about living in your property. Is their any other way I can get his name off the tenancy agreement? A tenancy agreement is a contract between the landlord and tenant. For sole tenants, other family members may be allowed to inherit the tenancy when they die. 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. Ending a periodic tenancy CAMBRIDGE CITY COUNCIL TENANCY AGREEMENT . 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. If you and your ex-partner hold the tenancy jointly and he / she has 'abandoned' the property (and he / she has not voluntarily assigned their interest in the property to you), then we will usually end the joint tenancy by serving 8 weeks' notice, and create a new sole tenancy for the remaining occupier. Sometimes when there's more than one tenant on the tenancy agreement, one of these tenants may want to leave. You may then be able to get the tenancy agreement transferred into your name. Renting in both names If you have a joint tenancy, it is important to get your name removed if you are planning on moving out (or vice versa if your partner is moving). This order is binding on the council or housing association. ... All the time his ex is on the tenancy she has the right to live in the property and enter/leave as she chooses. And if he does sign of it would I beable to still 2. Me and my ex split up last week we are on a joint tennancy on the house he isn't living here anymore and all his stuff has gone. Sorting out a Joint Tenancy. This will depend on: the legal status of your relationship. There are only two ways to legally do this. 0 Comments Despite the possibility for the court to assist if necessary, the transfer of a tenancy agreement is not always a contentious issue and we can help the other tenant to obtain his agreement for the transfer of the common lease. Assignment of a tenancy We can serve an Abandonment Notice on your ex-partner to help you become the sole tenant. But he is refusing to sign the house over to me!! If the tenancy agreement is in your name, you have the right to remain in your home. you can each have separate tenancy agreements with your landlord. Check your tenancy agreement if you want to leave before the end of the fixed term. Your agreement may say you can give notice if you need to move out early. Consider instead, Work Out an Agreement: Negotiate a date that your ex- will voluntarily move out of your … ... tenant(s). the present court fee is £75 to make the application. However, if you are married to the tenant you may have a right to claim the 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 easiest, quickest and cheapest is an assignment of the tenancy. An advantage of this option is that the new tenancy agreement creates a new right to succession. Ending a joint tenancy. Your rental agreement will be a joint tenancy if both you and your partner are named as tenants on the contract. If your landlord is the council or a housing association they cannot ‘reasonably’ refuse. Check your agreement to see if it's a periodic or fixed term tenancy. You should read it carefully. tenants on the tenancy agreement, even if one of you has moved out. If the rent isn't paid and arrears build up, the landlord may take action to evict you. If your tenancy agreement does not have a 'break clause' you can only leave early if your landlord agrees. If a tenancy is in the name of your partner, they will be liable to pay the rent for as long as the tenancy continues. If your ex-partner gives the landlord notice that they intend to leave the property, this may also end your tenancy. Landlords and tenants can’t avoid their obligations by not putting their agreement in writing. unilaterally end a joint tenancy or remove names from a tenancy agreement at the request of a joint tenant. Thanks, I guess the council's argument is she is saying her rent is X and household income is X yet the tenancy agreement shows two people in the household... Im going to go to a letting agent I use a lot to get advice, I don't see much difference from my point of view from having joint tenants and one tenant plus a guarantor. 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