change of name application form; Change to a joint tenancy. Reply . 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. Removing someone from a joint tenancy must be done with the agreement of all parties and an assignment document signed by all people named on the tenancy agreement. This means the joint tenancy agreement will end. A word about eviction. But this can happen only in certain circumstances. the good tenant. Most people with a secure, assured lifetime or 5-year fixed-term social housing tenancy in their name are eligible for a home swap. So essentially one name is … This means that all co-tenants are legally responsible for the rent and care of the property as a group and as individuals. Page edited: 31 December 2015 Related Documents. Your Tenancy. To remove a name from a joint tenancy you need to get a County Court Order. I did not think to remove my name from the tenancy agreement at that time. Check whether the property is held as a joint tenancy. This is perhaps one of the most common reasons why a name would need to be removed from a Title Deed. Usually joint tenancies are set up where all the tenants are party to one tenancy agreement. Joint tenants have exactly the same rights and responsibilities as each other. What if the other tenant decides to leave the property with a written signed and dated mutual agreement stating that they would remove their name off the tenancy. If more than one person signed an agreement together (all your names are on the same document) then it will be a joint tenancy. 1. Renting in just your name. My then husband and I took out a joint tenancy of a Housing Association property in 1990. If you are a joint tenant with your partner, you both have the right to carry on living in the property. You will usually have a joint tenancy if someone else's name is on the tenancy agreement as well as your own. As a joint tenant, you are entitled to live at the property and you are jointly liable to pay the rent and ensure that you do not break the conditions of your tenancy. A joint lease is a rental agreement which has two or more tenants. Removing a Joint Owner's Name from the Property Deeds when they have Died. If you evict one tenant whether under Section 8 or 21 all must leave. But this can only be done in certain circumstances. If there are arrears on the account, then a disclaimer will need to be completed for parties to sign so that the existing tenant agrees to take on all responsibilities for the tenancy from that date onwards. Alternatively, one joint tenant can serve us with a notice to quit. As a general rule we cannot remove a name from a joint tenancy agreement at the request of a joint tenant (even if both tenants agree). It is not a permanent solution and also needs to have an injunction to stop them terminating a joint tenancy. If you separate and leave the property without dealing with the tenancy you will remain liable for the rent until the dispute about the tenancy has been involved. If there are joint tenants, each tenant should receive a copy of the agreement. When problems arise, it's usually because one tenant wishes to move out of the rental while the other one doesn't. It can be tricky to get your name removed from a joint lease. Joint tenancy. tenancy agreement as a tenant, each of those people are co-tenants. Apply for a joint tenancy Removing a name from a tenancy. Adding a joint tenant. If you are joint tenants, you may be able to remove their name from the tenancy agreement and get the tenancy transferred into your name only. This is sometimes called a Notice to Quit or a ‘Mc Grady’ Notice. Most lease agreements do not extinguish a tenant’s financial obligation to the owner simply because one tenant decides to vacate but leaves behind other co-tenants. Each of the tenants is responsible for their own rent and responsibilities and for the group's responsibilities and rent. The remaining tenant may be able to get a sole tenancy for the property depending on their circumstances. We've broken down the process into easy to follow steps below: Have your Title Register to hand. 22 replies 6.6K views dawn1974 Forumite. Can you take them to court? As a general rule, landlords, whether they are housing associations or councils, cannot unilaterally end a joint tenancy or remove names from a tenancy agreement at the request of a joint tenant. We have two children together who he sees most weekends. Giles Peaker on 14/01/2017 at 11:24 am They can’t just ‘remove their name off the tenancy’. A joint tenancy is more common with students, friends or family moving in together, as you will all likely move in and leave at the same time. Download our 'Tenancy changes - removing a name from a joint tenancy' leaflet for details about removing a name from a tenancy. Most commonly this happens when a property is held as tenants in common and is then transferred into the sole name of one of the joint owners. Adding or removing a member of your household does not mean they've been added or removed from the tenancy agreement. Joint tenants need to write to the landlord confirming they both agree to the change in tenancy. Your landlord should make sure that everyone has given their permission before agreeing to end the tenancy. 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. I have brought up … This is knows as joint and several liability. After leaving the property refused to take their name off. Contact the tenancy advice team for further information. Remember joint tenants are considered to be a single entity. It seems to me that should they relinquish the tenancy or I set a section 21 date for the property to be returned then realistically I can't offer new terms (AST) to the good tenant until the property is indeed returned OR the bad tenant moves on as it will still look like the initial agreement is still in place with 1/2 of the applicants still residing in the property i.e. 363 posts 5 April 2017 at 8:37PM edited 30 November -1 at 12:00AM in House Buying, Renting & Selling. This will be allowed if both tenants are in agreement. remove their name from the tenancy agreement, or; replace their name with another tenant from an agreed date. A joint tenancy is when two or more adults (aged 18 or over) are named on the tenancy agreement. We make decisions on a case by case basis, and there is no guarantee that we will grant a new tenancy. I left the home in January 2001 and my divorce became final in August of that same year. If you are thinking about asking us if you can have a joint tenancy with someone else, you should read our factsheet WDH Re-allocation . This might be one other person or a number of people. Transfer of the lease It is possible that a court decision may be made through an individual lease agreement to another tenant or a transfer of a common lease solely on behalf of a tenant. This is why you should seriously consider evicting all tenants once the joint tenancy agreement has been broken. Joint tenants with one tenancy agreement. When I left there were rent arrears which I paid off. If you would like to remove your name from a tenancy you can contact OneCALL 0345 8 … I have a partner also but we do not live together, although are planning to in the near future. Transferring 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. No matter how many names you have, there may be a requirement to have one … Death of a joint tenant . Your rights as a housing association tenant . If the tenancy agreement is in your name, you have the right to remain in your home. Obtain the Title Number from the top of the Register. 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 you have left the family home and removed your name from the joint tenancy agreement, you can apply to the local authority for accommodation. agreement (joint tenants) If one of you has left or will be leaving the home and the other is to remain then it is sensible to arrange a tenancy in the sole name of the person remaining. Re-allocation / Joint tenancy information. If your partner and/or landlord will not agree to this voluntarily, you may be able to apply to the court for a transfer of tenancy. Removing a Form A (tenants in common) Restriction . 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. The council tenancy agreement states that following relationship breakdown, the only way for me to remain in the property is to obtain a court order to pass the tenancy from joint tenants to a sole tenancy. Please note it is always advisable to seek independent legal advice. If one tenant wants to end the tenancy, they will need to get the other joint tenants' permission first, because this will end the tenancy for everyone. So as the title says, my ex partner will not remove his name from the tenancy agreement. Under Queensland tenancy laws co-tenants are jointly and severally liable. By law, you have to give us 4 weeks’ written notice telling us that you want to terminate (end) the tenancy. Contact the Housing Department of your local authority or housing association. 5 April 2017 at 8:37PM edited 30 November -1 at 12:00AM in House Buying, Renting & Selling. Joint tenants have equal rights and responsibilities under the tenancy agreement for the whole of the tenancy. If the landlord agrees to the change in tenancy, a new tenancy agreement will need to be signed. The situation is therefore risky for the tenant who stayed. I got a joint tenancy with my ex partner in April 2015 & approximately 6 weeks later I realised that he … You can also change from sole ownership to tenants in common or joint tenants, for example, if you want to add your partner as joint owner. Estate Agent refusing to remove my name from tenancy. The agreement also states that if I’m in this situation I should check with the council to see if they have any objections. A friend has a tenancy agreement with another friend both named on the T.A. You are also responsible for making sure the rent is paid and that the terms of the tenancy agreement are complied with. How to apply. The tenancy agreement should be signed by all tenants and your landlord. This is called transferring ownership . There are occasions when you will want to remove a Form A restriction. Even if you only wanted to evict a single tenant you have no choice. End the existing tenancy and create a new sole or joint tenancy. You will not normally be able to leave the tenancy until the tenancy term has expired. It is not possible to swap from tenants in common to joint tenants. You can ask us to end an existing tenancy and create a new one in order to add a joint tenant, or remove someone who no longer wants to be a tenant. However, they may not realise this, and may end the tenancy at the request of one tenant. 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