Joint Tenancy legal question.

[akaemmafrost]

Can a court order a Housing Association to remove a joint tenant from a tenancy even if the account is in arrears.

My ex ran up huge debts on our joint tenancy for our HA flat. I knew nothing about this until after he left. I have since reached an agreement with them and have never missed a payment. Ex H has been left for over two years and does not contribute to paying off the arrears.

The HA say he cannot be removed from the tenancy while it is in arrears but others have told me that a Court can order that he be removed AND also order him to pay his half of the arrears.

Can anyone help me with this? Thank you.

[Collaborate]

If you were married the court can order the transfer of a tenancy

[akaemmafrost]

Yes we are married and seeking divorce I was hoping the tenancy could be transferred as part of the divorce but the HA said no as in arrears. However he does not contribute to paying them offhand never has.

[Collaborate]

HA has a right to be notified of the application, and they can object. Then for the judge to decide.

[akaemmafrost]

Ok thanks so much, will speak to a solicitor.