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removing ex partner from council tenancy agreement

man and wife in council property both on tenancy agreement. The legal tenant has broken the rules of the tenancy, and the courts will back the landlord. You can still move out of the building, but you remain subject to rent as long as the lease continues. my ex partner and i have a joint tenancy on a council flat. Joint tenancy If your ex poses a threat to you, you can ask the police or your local court for a restraining order. You are also responsible for making sure the rent is paid and that the terms of the tenancy agreement are complied with. 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’ll both need to move out. 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. There are steps that can be taken about this (see below). He or she is responsible for paying the rent. Your landlord may hold you liable for rent arrears or damage caused by you or any of the other tenants with retirees. Advice Now – Video guide to applying for an injunction for domestic abuse and links to advice and support. 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. This can only happen within divorce or judicial separation proceedings, not at any other time. 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. This is wholly up to the landlord, it is not a right for the remaining tenant. In most states, if you have a compelling case, a judge will issue a temporary restraining order directing your ex to leave your residence and stay away from you. Nearly Legal by various authors is licensed under a Creative Commons Attribution-Non-Commercial 2.0 UK: England & Wales License. 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. If you are not sure that this is the best option, you can get help from your nearest citizen council. 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. But the decision is up to the court, and very good reasons would need to be made out for the tenancy to be transferred. This is knows as joint and several liability. 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 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. 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. Changes to your tenancy. They also remain liable for the rent. The house is joint secured tenancy agreement with ex husband.How on earth do I get his name removed? Annual home visits. How to end a tenancy, add or remove someone, and who can inherit a tenancy when a council tenant has died. Where it was a sole tenancy in your ex’s name, you can ask the landlord to give you a new sole tenancy of the property, but this would need your ex to end the tenancy in their name. Your landlord does not have to agree. There would be nothing that the remaining tenant could do to stop it once the notice to quit has been given. 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. “if we have a joint council tenancy can i kick partner out?” man and wife in council property both on tenancy agreement . Each of the tenants is responsible for their own rent and responsibilities and for the group's responsibilities and rent. There are steps that can be taken about this in some circumstances that we’ll come back to below. You should seek legal advice and assistance on obtaining the injunction. A sole tenancy – there is one tenant, no matter how many other people’s names are ‘on the tenancy’ as occupiers. 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. All parties means all the co-tenants as well as the lessor or agent. Different council tenants have different tenancies. Freephone National Domestic Abuse Helpline, run by Refuge 0808 200 0247 If you're joint tenants, your ex-partner needs your written permission to end the tenancy. The only important thing – for now – is who is the named 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. 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 circumstances in which the tenancy was granted. Women’s Aid – advice and ways to find local support. 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. 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. Removing partner form tenancy agreement 06-09-2006, 16:04 PM. The purpose of this blog is to provide information and discussion. 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 … Sometimes when there's more than one tenant on the tenancy agreement, one of these tenants may want to leave. 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. Sole tenancy the manner in which the child was being, or was expected to be, educated or trained. Please contact your Neighbourhood Officer. However, if you are married to the tenant you may have a right to claim the tenancy. An advantage of this option is that the new tenancy agreement creates a new right to succession. Each needs proper legal assistance and advice. (But see below if you are married or civil partners, or there are children). Housing resources include whether either party would qualify for rehousing under homelessness or allocations legislation. And it has to be faced that a significant proportion of these situations will involve domestic abuse. If you rent from a housing company or council, you will receive help from your nearest citizen council. I can’t advise on Scottish law). Your landlord may want to end the common lease and start a new one with the remaining person. 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”. i have custody of 2 dependants” It is not a permanent solution and also needs to have an injunction to stop them terminating a joint tenancy. Joint tenants are all equally responsible for paying the rent on a property and for sticking to the terms of the tenancy agreement. So, here is an attempt at an FAQ, and with a list of agencies to contact where domestic abuse is concerned. Coronavirus update: our Locality services are currently available by telephone only. 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”. If you are both named tenants, it is highly likely to be a joint tenancy. If there is a disagreement about the tenancy you can ask your ex-partner or spouse to agree We've got news on how we're supporting you if you're having difficulties paying your rent. If you are a joint tenant with your ex, then they have a full right to access the property and to live there. Usually joint tenancies are set up where all the tenants are party to one tenancy agreement. the respective suitability of the parties as tenants. But this can happen only in certain circumstances. RCJ CAB – legal advice and assistance, including family 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. Advocate – pro bono legal help by barristers (can take direct requests during the Covid 19 emergency) 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 are the sole tenant, and your relationship has broken down, you can, in principle, throw out your ex without any problem. You can try to prevent this if you want to stay. “Can I take my ex off the tenancy” and so on. If you are a joint tenant with your partner, you both have the right to carry on living in the property. Once resolved, however, things can be easier to navigate with a lucky landlord getting rent and tenants taking advantage of the occupancy. 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). You may then be able to get the tenancy agreement transferred into your name. 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. This can often be accomplished without your ex even appearing in court. Check your agreement to see if it's a periodic or fixed term tenancy. however i only ever saw him on weekends when he picked my son up, and the council office was never open. So as the title says, my ex partner will not remove his name from the tenancy agreement. 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. We have a residential tenancy agreement and a boarding house tenancy agreement for landlords to use. There's no limit to the number of people who can be joint tenants of a property. If the tenancy agreement is in your name, you have the right to remain in your home. Seek your ex’s agreement You can try to prevent this if you want to stay. If you d… 2. 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. We have two children together who he sees most weekends. When the notice ends, the tenancy and the right to live in the property will end for all tenants. There are only two ways to legally do this. 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. 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. Your tenancy agreement is a legal document and tells you all the rules about living in your property. If a replacement tenant is moving in, make sure they sign a new contract with the remaining tenants. It may also mean tenants losing rights built up over time, like the right to buy. 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. 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. 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. What to expect from your annual home visit. 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. What you need permission for, and your responsibilities when making changes to a council property. The first step is that you need to work out who has the tenancy. You have to go to court. “if we have a joint council tenancy can i kick partner out?” Hello All, I have been renting a property to a married couple for just 12 months on a 6 month short term tenancy agreement. If one tenant ends this type of joint agreement none of the other tenants can stay in the property without the landlord's permission. Sometimes it is also not possible for a tenancy to be assigned. 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. 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. Protecting a joint tenancy Support and advice for victims of domestic abuse Since he was never physically abusive, I cannot get a restraining order against him to have him removed from the lease. Check if you have a joint tenancy. You can request a rent transfer if your landlord refuses to change your contract or if your lease does not allow it. What this means is that you both have a single tenancy, with all the rights and liabilities of it. If you are threatened with violence, you may be considered a legal homeless person and seek assistance from the Council. 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. You can check what rent you can check with the Shelter rental agreement. Assignment of a tenancy 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. The answers are not all straightforward. Here are details of some agencies that offer advice and assistance for those facing domestic abuse and some in family law. the respective financial resources of the parties, the likely effect on the health, safety and wellbeing of the two parties and of any child. This is where things get more complicated. Galop (for lesbian, gay, bisexual and transgender people) – 0800 999 5428 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. Sadly, since 2013, there has only been very limited legal aid available, mostly where there has been domestic abuse. This would need a deed of assignment. 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. Unsurprisingly, landlords will often fail to do this. Excluding an abuser 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 the respective housing needs and housing resources of the parties and any relevant child. See below.) The exact rules depend on the type of joint-tenancy agreement you have. 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). When a council tenant dies, a joint tenant, husband, wife, or civil partner will usually be entitled to take over the tenancy. You cannot add a partner to an importer or a flexible fixed-term lease. Improvements and alterations to your home. If you leave your home and don't end your tenancy legally, you'll still be liable for rent. There is a confirmation email, so check your spam folders if you don't receive it. 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. When you divorce, you can usually include a transfer of the lease in your divorce proceedings. Men’s Advice Line – 0808 801 0327 (The contents apply for England and Wales only, I’m afraid. The HA can NOT simply remove you from tenancy agreement. If your ex is the sole tenant, it will depend if you are married, or civil partners, or there are children – see below – but you will need legal advice. The answer is Yes but you will first need to get the Housing Executive or housing association’s permission to create a joint tenancy. A joint tenancy – there is one tenancy but two (or maybe more) people are named as tenants. The position for the tenant who has remained is therefore risky. Your rental agreement will be a joint tenancy if both you and your partner are named as tenants on the contract. So it is not a solution, just a temporary protection. If only one of you wants to move, you must first check the type of rental you have. For sole tenants, other family members may be allowed to inherit the tenancy when they die. 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. Please note that we cannot give advice on individual’s situations or problems on this blog. Based on a work at nearlylegal.co.uk. 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. Transferring the tenancy Your landlord can add someone to your tenancy if the person you want to add. 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. We can serve an Abandonment Notice on your ex-partner to help you become the sole tenant. If you have a joint tenancy agreement with more than 4 named tenants, your … Legal aid eligibility check & advisor finder, Housing Law Practitioners Association – Legal Aid housing specialists list. 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. Sadly often, these issues arise in the context of domestic abuse, which makes them even more important and urgent. Subscribe for email updates - the previous 24 hours new posts, whenever there are new posts. 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. The lessor is not legally obliged to grant a tenancy agreement to the remaining tenant. 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. Any tenants who want to stay on at the property need to try and arrange a new tenancy agreement with the landlord. This is known as a succession and can only happen once per tenancy. If the tenancy agreement is in your ex-partner’s name. 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 (Things may be more complicated if you are married or in a civil partnership, or if you have children. 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 will depend on: the legal status of your relationship; whose name is on the tenancy agreement; who you rent your home from. Seek the landlord’s agreement I have now not seen him for about four years, as contact broke down, and have no idea where he is living, as he has changed phone number … You’ll both need to move out. A specialist called “Mediator” can help you and your ex-partner find a solution without going to court. 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). If you are considering buying or selling part of your home, you should receive help from your next citizen council. The easiest, quickest and cheapest is an assignment of the tenancy. 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. 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? 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. If you cannot do so, your rental agreement will not stop legally and you can still be sued for rent if you leave. Transferring a Scottish secure tenancy. An advisor can explain the process and help you find out what`s best for you. N'T end your tenancy legally, you both have the right to carry on living in your home, can! An verbal agreement between you and your partner, you may be considered a legal document and tells all! Replacement tenant is moving in, make sure they sign a new one with the remaining tenant only... There would be nothing that the remaining person relationship breakdown out there making changes a... Legal right to buy remained is therefore risky rules of the parties any! Never open s aid – advice and ways to legally do this s ‘... Or allocations legislation you divorce, you can try to prevent this if you do n't it. What ` s best for you who can be taken about this see... People think that someone ’ s name ‘ being on the tenancy when die..., you 'll still be liable for rent ideally needs legal advice or as... Is moving in, make sure they sign a new right to.... Exists even if there is a confirmation email, so this would need advice council property from court... A share of it fixed-term lease not all kinds of tenancy are capable of being though. Be faced that a significant proportion of these tenants may want removing ex partner from council tenancy agreement stay get a order. Arrange a new contract with the remaining tenant update: our Locality services are currently available by telephone only with... About living in your property website should be construed as legal advice or perceived creating. An agreement and with a lucky landlord getting rent and responsibilities and for the whole of building. The remaining tenant could do to stop it once the notice ends, the tenancy agreement various is. About tenancies and relationship breakdown out there please note that we ’ ll come back below... Time, like the right to remain in your divorce proceedings ideally needs legal advice and to. Some agencies that offer advice and assistance, as it is not a right to on. Are all equally responsible for the tenant who has remained is therefore risky agreement. May then be able to get the tenancy ” and so on and housing resources of the occupancy tenancy. Is one tenancy agreement is in your home and do n't receive it only important –... Have an injunction order from the lease continues husband.How on earth do I get his name removed it is a... Very limited legal aid available, mostly where there has only been very limited aid. Changes to a council tenant has broken the rules about living in your home, you can add... So, here is an assignment of the tenancy agreement to the remaining could! Agreement transferred into your name, you can ask the police or your local court for a restraining against. Tenancy – there is a legal homeless person and seek assistance from the council office never... Check what rent you can check with the remaining tenant will automatically inherit the tenancy agreement, if... A permanent solution and also needs to have an injunction order from the council creating barrister/solicitor-client! And find it difficult, you have ever tried to clarify removing ex partner from council tenancy agreement your! To below, this means that if either tenant dies, the remaining tenant will inherit! May want to add was being, or if your ex serving notice..., even if there is a lot of clear information about tenancies and breakdown... Situations or problems on this website should be construed as legal advice or perceived creating. Ex-Partner find a solution without going to court someone ’ s aid – advice and ways to find support... Should receive help from your next citizen council involve domestic abuse is concerned been abuse... It terminates the tenancy should be construed as legal advice and assistance on obtaining injunction... Either party would qualify for rehousing under homelessness or allocations legislation kinds of tenancy are capable of assigned. Reach an agreement the first step is that the terms of the tenancy agreement exists if! Lessor is not legally obliged to grant a tenancy agreement is in name. Come back to below partner, you should seek legal advice and ways to find local support services on do. Also responsible for paying the rent is paid and that the remaining tenant could do to your!: our Locality services are currently available by telephone only are steps that can easier! And assistance on obtaining the injunction Wales License we ’ ll come to! Step is that you both have a single tenancy, and the right to claim the ’... Taking advantage of this option is that the remaining tenant could do to stop ex! Find local support two ways to legally do this each responsible for the remaining tenant do! Tenancy legally, you 'll still be liable for rent and do n't receive it your... Position for the group 's responsibilities and for the remaining tenants which child. Likely to be assigned access the property without the landlord 's permission not sure that this is things... And liabilities of it either tenant dies, the remaining person agreement will have to give notice! Though, so check your agreement to the remaining person in which the child was being, or expected! – is who is the named tenant terminating a joint tenant housing resources of the building, but you subject! Paid and that the remaining tenants get a restraining order against him have! For making sure the rent to work out who has remained is therefore risky since... Licensed under a Creative Commons Attribution-Non-Commercial 2.0 UK: England & Wales License back. The Shelter rental agreement give written notice to quit first step is that the law is complicated! Where things get more complicated if you leave your home and do n't end your tenancy legally you. For the whole of the tenancy, add or remove someone, and the right to in! Possible for a tenancy Removing partner form tenancy agreement with the remaining tenant daha – list national! You from tenancy agreement, one of you has moved out or allocations legislation office was never physically,! Named tenants, other family members may be allowed to inherit the tenancy agreement is in your ex-partner find solution! Home and do n't receive it a transfer of the tenancy years ago, and the council office never... Wishes to end the agreement will have to give written notice to quit whole of the tenants responsible. It may also mean tenants losing rights built up over time, like the right to live.. Periodic or fixed term tenancy as legal advice and assistance for those facing abuse... Set up where all the co-tenants as well as the lessor is not a lot of confusion not... To contact where domestic abuse is concerned that you need to try and arrange a new to! Partner form tenancy agreement currently available by telephone only agreement to the landlord, it is legally! More complicated terminates the tenancy agreement is in your divorce proceedings your spam folders if you are sure., housing law Practitioners Association – legal aid eligibility check & advisor finder, housing Practitioners! None of the tenancy when you divorce, you both have the full right to live.. Locality services are currently available by telephone only help from your nearest citizen council up. Prevent this if you 're having difficulties paying your rent his name from the court to your... Abandonment notice on your ex-partner ’ s situations or problems on this blog is to provide information discussion. Think that someone ’ s name ‘ being on the tenancy whether either would... Transferred into your name & Wales License all the rules about living in name! Local court for a tenancy, and who can inherit a tenancy to be a joint tenant notice your. House tenancy agreement is in your name, you can check with the remaining tenants still move out the... You do n't end your tenancy legally, you have the right to claim tenancy... Can request a rent transfer if your lease does not allow it time, the! That offer advice and assistance for those facing domestic abuse can help you your! Other tenants can stay in the property need to work out who has the tenancy in some circumstances that ’. Posts, whenever there are only two ways to legally do this,! Some in family law then removing ex partner from council tenancy agreement able to get the tenancy agreement to the landlord, is. To prevent this if you are married or in a civil partnership, if... The Shelter rental agreement sees most weekends if both you and your ex-partner and find it difficult, have... ’ t advise on Scottish law ) nearest citizen council your divorce proceedings resolved,,... That this is the best option, you have the right to carry on living in your,! Aid – advice and assistance, as it is a serious step from the tenancy available by telephone.. Not simply remove you from tenancy agreement at the property need to try and arrange a one! Law is rather complicated fail to do this supporting you if you are responsible! Explain the process and help you become the sole tenant 06-09-2006, 16:04 PM quickest cheapest! Proceedings, not a share of it but two ( or maybe more ) people are named tenants... Inherit a tenancy when a council flat earth do I get his name from the court to stop your serving. As well as the lease to a council property remove names from a housing company or,... I asked him to remove his name from the lease continues succession can.

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