removing ex partner from council tenancy agreement
Coronavirus update: our Locality services are currently available by telephone only. Your rental agreement will be a joint tenancy if both you and your partner are named as tenants on the contract. 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. 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. 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). Please note that we cannot give advice on individual’s situations or problems on this blog. Nearly Legal by various authors is licensed under a Creative Commons Attribution-Non-Commercial 2.0 UK: England & Wales License. The first step is that you need to work out who has the tenancy. man and wife in council property both on tenancy agreement. 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. This is knows as joint and several liability. 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 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 person who wishes to end the agreement will have to give written notice to quit to the landlord to formally end the tenancy. 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. 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. 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. I can’t advise on Scottish law). “Can I take my ex off the tenancy” and so on. If you have ever tried to clarify things with your ex-partner and find it difficult, you can get help to reach an agreement. 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. Annual home visits. The answer is Yes but you will first need to get the Housing Executive or housing association’s permission to create a joint tenancy. Check if you have a joint tenancy. Usually joint tenancies are set up where all the tenants are party to one tenancy agreement. 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 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. If you are both named tenants, it is highly likely to be a joint tenancy. 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. 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 Your tenancy agreement is a legal document and tells you all the rules about living in your property. If the tenancy agreement is in your ex-partner’s name. It may also mean tenants losing rights built up over time, like the right to buy. You can request a rent transfer if your landlord refuses to change your contract or if your lease does not allow it. But it all depends. “if we have a joint council tenancy can i kick partner out?” man and wife in council property both on tenancy agreement . It is not a permanent solution and also needs to have an injunction to stop them terminating a joint tenancy. tenants on the tenancy agreement, even if one of you has moved out. Your ex can’t be just ‘taken off the tenancy’. If you d… You’ll both need to move out. we separated about 8 years ago, and i asked him to remove his name from 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. Legal aid eligibility check & advisor finder, Housing Law Practitioners Association – Legal Aid housing specialists list. But the decision is up to the court, and very good reasons would need to be made out for the tenancy to be transferred. There would be nothing that the remaining tenant could do to stop it once the notice to quit has been given. Transferring the tenancy “Can I take my ex off the tenancy” and so on. If you are the sole tenant, and your relationship has broken down, you can, in principle, throw out your ex without any problem. When the notice ends, the tenancy and the right to live in the property will end for all tenants. 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. You 're joint tenants are party to one tenancy agreement request a rent transfer if your may. 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