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You are also responsible for making sure the rent is paid and that the terms of the tenancy agreement are complied with. A joint lease is a rental agreement which has two or more tenants. 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. Joint tenants with one tenancy agreement. The situation is therefore risky for the tenant who stayed. 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. The remaining tenant may be able to get a sole tenancy for the property depending on their circumstances. 22 replies 6.6K views dawn1974 Forumite. If there are joint tenants, each tenant should receive a copy of the agreement. 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. 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. Adding or removing a member of your household does not mean they've been added or removed from the tenancy agreement. I got a joint tenancy with my ex partner in April 2015 & approximately 6 weeks later I realised that he … Renting in just your name. When I left there were rent arrears which I paid off. 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. 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. It is not possible to swap from tenants in common to joint tenants. 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. Even if you only wanted to evict a single tenant you have no choice. change of name application form; Change to a joint 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. So as the title says, my ex partner will not remove his name from the tenancy agreement. If you evict one tenant whether under Section 8 or 21 all must leave. A joint tenancy is when two or more adults (aged 18 or over) are named on the tenancy agreement. 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 . When problems arise, it's usually because one tenant wishes to move out of the rental while the other one doesn't. 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. 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. This is why you should seriously consider evicting all tenants once the joint tenancy agreement has been broken. To remove a name from a joint tenancy you need to get a County Court Order. Each of the tenants is responsible for their own rent and responsibilities and for the group's responsibilities and rent. 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. Under Queensland tenancy laws co-tenants are jointly and severally liable. You will usually have a joint tenancy if someone else's name is on the tenancy agreement as well as your own. 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. It is not a permanent solution and also needs to have an injunction to stop them terminating a joint tenancy. How to apply. the good tenant. The T.A runs out in March 2017 Now, one of the ppl named on the agreement wants to leave the agreement and the other wants to carry on the agreement in their sole name. The tenancy agreement should be signed by all tenants and your landlord. So essentially one name is … However, there are some conditions - you must not have rent arrears, a history of antisocial behaviour, or have broken any of the terms and conditions of your tenancy… 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. 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. I have a partner also but we do not live together, although are planning to in the near future. Joint tenants need to write to the landlord confirming they both agree to the change in tenancy. There are occasions when you will want to remove a Form A restriction. This is sometimes called a Notice to Quit or a ‘Mc Grady’ Notice. No matter how many names you have, there may be a requirement to have one … This is knows as joint and several liability. You will not normally be able to leave the tenancy until the tenancy term has expired. It can be tricky to get your name removed from a joint lease. Obtain the Title Number from the top of the Register. End the existing tenancy and create a new sole or joint tenancy. Joint tenants have equal rights and responsibilities under the tenancy agreement for the whole of the tenancy. We've broken down the process into easy to follow steps below: Have your Title Register to hand. My then husband and I took out a joint tenancy of a Housing Association property in 1990. Usually joint tenancies are set up where all the tenants are party to one tenancy agreement. But this can happen only in certain circumstances. Adding a joint tenant. 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. 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). This is called transferring ownership . Joint tenants have exactly the same rights and responsibilities as each other. 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. This will be allowed if both tenants are in agreement. 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. By law, you have to give us 4 weeks’ written notice telling us that you want to terminate (end) the tenancy. 1. A word about eviction. 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. This might be one other person or a number of people. Even if they promised to. Alternatively, one joint tenant can serve us with a notice to quit. 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. 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. I have brought up … Page edited: 31 December 2015 Related Documents. 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. If the landlord agrees to the change in tenancy, a new tenancy agreement will need to be signed. This is perhaps one of the most common reasons why a name would need to be removed from a Title Deed. Contact the Housing Department of your local authority or housing association. Contact the tenancy advice team for further information. Your Tenancy. If you would like to remove your name from a tenancy you can contact OneCALL 0345 8 … 5 April 2017 at 8:37PM edited 30 November -1 at 12:00AM in House Buying, Renting & Selling. 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. Death of a joint tenant . We have two children together who he sees most weekends. Most people with a secure, assured lifetime or 5-year fixed-term social housing tenancy in their name are eligible for a home swap. If more than one person signed an agreement together (all your names are on the same document) then it will be a joint tenancy. Check whether the property is held as a joint tenancy. 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. Download our 'Tenancy changes - removing a name from a joint tenancy' leaflet for details about removing a name from a tenancy. Remember joint tenants are considered to be a single entity. Removing a Form A (tenants in common) Restriction . Please note it is always advisable to seek independent legal advice. Joint tenancy. 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. 363 posts 5 April 2017 at 8:37PM edited 30 November -1 at 12:00AM in House Buying, Renting & Selling. But this can only be done in certain circumstances. remove their name from the tenancy agreement, or; replace their name with another tenant from an agreed date. We make decisions on a case by case basis, and there is no guarantee that we will grant a new tenancy. If the tenancy agreement is in your name, you have the right to remain in your home. tenancy agreement as a tenant, each of those people are co-tenants. 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. A friend has a tenancy agreement with another friend both named on the T.A. This means the joint tenancy agreement will end. I left the home in January 2001 and my divorce became final in August of that same year. Apply for a joint tenancy Removing a name from a tenancy. Reply . Removing a Joint Owner's Name from the Property Deeds when they have Died. Can you take them to court? Re-allocation / Joint tenancy information. Estate Agent refusing to remove my name from tenancy. Your rights as a housing association tenant . I did not think to remove my name from the tenancy agreement at that time. 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