Joint to Sole

What is it?

This is the process where a joint tenant is removed from a tenancy.

Reasons for the change?

Divorce
Relationship breakdown

How do I apply?

All requests need to be in writing to Housing Services.

In order to do this, the Council is required to bring the joint tenancy to an end and create a new tenancy in the sole name of the person remaining in the property.

It will depend on the size/type of the property, and the number of occupants remaining, if the Council grant a new tenancy:

for example: if a partner and children leave, and the other partner remains in a 3 bed house, it is unlikely that the Council will issue a new tenancy.

Each case will be looked at on an individual basis, although we do suggest that you seek independent legal advice, i.e Citizens Advice Bureau (This link will open in a new window).

In the terms of divorce proceedings, a court can award an individual the tenancy, under the Matrimonial Causes Act 1973 or Family Law Act 1996. In these circumstances, we will need to see a copy of all the court papers.

What happens next?
Once the Housing Services team receives the request, they will check to see that there are no outstanding rent arrears on the property. If however, there are rent arrears then permission will not be granted and you will only be able to reapply once the arrears have been cleared.

If the change has been granted, the Housing Services team will write to you confirming the change and requesting you complete and sign a new tenancy agreement.

For more information see your Tenancy Agreement and / or the Housing Act 1985 s.91.

Frequently Asked Questions

I would like my joint tenancy in my name only but the other party does not agree. What do I need to do?
You would need to obtain a court order. Once this has been awarded to you, please notify us in writing enclosing a copy of the court order. If you would like any further independent advice on this it may be advisable to contact the Citizens Advice Bureau (This link will open in a new window)

I have left the property and left my joint tenant living there - do I have to pay rent?
Yes, as a joint tenant you are jointly liable for all aspects of the property, until the tenancy is ended.

My husband/wife has assaulted me and we're joint tenants. Can I have the tenancy changed?
You need to contact Housing Services and ask for the Housing Advice team.

FOR OFFICE USE:

Refer to Property Information Section 2.3 for Tenancy Details