Changing from a sole to a joint tenancy
We will only agree to an existing sole tenant having a joint tenancy with another person in certain circumstances.
If a tenant asks for a joint tenancy with their husband, wife or registered civil partner, we will usually agree to this as long a marriage or civil partnership certificate is provided and there is no live Notice of Seeking Possession, suspended possession order or possession order for breach of tenancy.
We will also consider requests for joint tenancies with a partner when the tenant is not married or in a civil partnership, provided the couple have been living together for at least a year.
Prior to changing a sole to a joint tenancy, a member of our housing team will aim to have at least one confidential and in-person meeting with the current tenant. This is a safeguarding measure to make sure that the tenant understands the implications of the change, and so that we can understand the situation behind the tenancy change, check the joint tenancy is not being created under coercion and provide any necessary support. We will also advise the tenant to get independent advice regarding the implications of moving to a joint tenancy.
Changing from a joint to a sole tenancy
Where one of the joint tenants provides 28 days written notice of ending the tenancy, this will end the joint secure tenancy, meaning neither joint tenant will have the legal right to continue to occupy the property. Tenants who are part of a joint tenancy should seek legal advice from the Council or an independent agency before taking action to end the tenancy. We will treat requests for advice from one joint tenant in confidence.
We will change a joint tenancy to a sole tenancy in the following circumstances:
- Both joint tenants inform us that they mutually agree for the tenancy to be assigned from a joint tenancy in both their names, to a sole tenancy in one of their names. We will advise both tenants of the implications of this. If one of the joint tenants wishes to be removed from the joint tenancy to live elsewhere, we will advise them that they may not have the right to their own housing provided by the council.
- A Court Order has been issued to end the joint tenancy and the court has instructed for the creation of a sole tenancy in one person's name. In these circumstances, we will agree with the order and grant a sole tenancy in one person's name.
- One of the joint tenants has experienced domestic abuse or criminal behaviour perpetrated by the other joint tenant and has served notice to end their tenancy; or we have served notice to evict the perpetrator for breach of tenancy. Where the victim/ survivor wishes to remain in their home and it is safe for them to do so, we will grant a new sole tenancy in that property. If it is not safe for them to do so, we will explore alternative safe housing options (such as a management transfer or temporary accommodation), in accordance with the housing service's domestic abuse policy.
- One tenant reports that the other has left and no longer lives at the address or intends to return. In this case, we will seek evidence that the absent tenant has permanently left before taking action to end the joint tenancy and grant the sole tenancy in the remaining tenant's name.
- The death of one of the joint tenants.