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Adding myself as joint tenant on tenancy agreement

15 replies

user1499254687 · 29/03/2021 21:47

Hello, I have a question (sorry not sure if it fits in this category of threads). I have been living with my husband and children at this council house however when we first got it, he was the only one to go sign so he is the only tenant and me and kids are residents In the tenancy.
My question is, how do I become a joint tenant? I have asked my council but they say it's impossible...is it really?
Just thought I'd see if anyone has successfully been added as joint tenant with their partner on tenancy agreement. We have a secure tenancy and have been living here for over 4 years.
Appreciate any advice or guidance.
Thanks 😊

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FortunesFave · 30/03/2021 02:12

Of course it's not impossible! Confused It's very common and completely normal.

Are you sure it's the council saying that? Or is it your husband?

Which county do you live in?

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FortunesFave · 30/03/2021 02:14

Here is an example from Wigan Council...explaining how it works and who can do it. The rest of the councils in the UK will have the same rules

Joint tenancies can only be created between an existing tenant and members of their
family:
• The tenant’s spouse or civil partner, providing they occupy the property as their only or
principal home and can provide a copy of their marriage or civil partnership certificate.
• The tenant’s partner (including non-heterosexual relationships), providing they occupy
the property as their only or principal home and can provide evidence that they have
been living with the tenant for the last 12 months.

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Starrylight · 30/03/2021 03:01

Well going off what PP stated I'd assume your DH has not claimed single person council tax whilst you've been residing at the property? So there's your 'proof' for a start? Have you actually spoken to someone yourself? From the other side of the fence I actively chose to not add my DP (now ex) to my HA tenancy, as I'd previously held it alone for 15yrs, and frankly didn't want him to have a 'joint tenancy claim' if we split up (as we did). I'm not in receipt of any housing benefit and I did pay full council tax rates so it was all above board. But do you think he's trying to hold on to the property as a safeguard in case you split up? You really need your name on the tenancy when you have DC to give you a foothold in case that does happen.

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user1499254687 · 30/03/2021 09:59

That's so interesting! Thank you everyone for your responses.

No my husband is completely unbothered about it all. I've called the council up several times asking to be put on but they have rejected me saying once tenancy agreement is done it cannot be changed who is tenant on it. I found it so odd. I think it's no use calling them again about it with no support, maybe il contact citizens advice? I feel silly taking this taking this them but I know how important it is to get my name on there.

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Gladimnotcampinginthisweather · 30/03/2021 10:02

It would be worth calling Citizens Advice.

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FawnDrench · 30/03/2021 21:13

Could you contact your MP?

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Roystonv · 30/03/2021 21:18

Do they mean you can't just be added on and a new tenancy would have to be created?

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Tiberius12 · 30/03/2021 21:27

It should be simple enough. Your husband needs to put the request in writing to your housing office and include proof that you've been living there for at least 12 months (bills, bank statements etc dated from longer than 12 months ago)

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user1499254687 · 31/03/2021 01:14

Yes they are saying I cannot become a joint tenant because I did not sign the tenancy agreement with him at the start of the tenancy so my name will only be written as person living in the accommodation but not the joint tenant. I have explained that I am his wife and just because I was not available on the day to sign, why can I not be added as joint tenant now? It's frustrating because whenever I need to do anything relating to the home they will only deal and speak with my husband which makes things so long. I will contact citizens advice tomorrow because now I'm sure there must be a way around it. They just made me feel like it's done and there's no way of changing it

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StarCat2020 · 31/03/2021 06:07

Please make sure you do this as there is no reason not to and it could make your life easier in the future.

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StarCat2020 · 31/03/2021 06:07

Like you say you can't talk to council about your home so it would make it easier.

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FortunesFave · 31/03/2021 07:03

this is absolute bollocks they're talking! It's your RIGHT as his wife! It's to protect your future! Have you spoken to more than one person at the council? Or just the same one every time?

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LastRoloIsMine · 31/03/2021 07:13

Hi OP they are sort of right you cannot be added to a tenancy to become a joint tenant however all they need to do is start a new one.

As long as the house is not too big for your family ( under occupation), there are no rent arrears and no breaches of tenancy such as anti social behaviour they can end the current tenancy and create a new joint one.
As the current tenant your husband will have to contact them to start the process.
If you can have proof that you have lived there over a year such as named on the council tax bill there is no reason why they should not agree.

This will allow you to succeed the tenancy in the future should you need to.

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user1499254687 · 17/04/2021 17:49

Hi all, thanks for your replies. Yes I've spoken to a few different people. The lady person I spoke with said they used to allow it but not anymore and could not give a specific reason. Its just my council I guess (kinsgton council). I have spoke with citizens advice and just waiting for them to call me back for next steps.
An update: we have been approached to do a honeswap with somone in another Borough and we are interested in that property. I wonder if then il be able to sign as a tenant or if only the current tenant can? Has anyone got any experience with hineswaps and signing new tenancy? Thanks for all the help

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Tealightsandd · 17/04/2021 17:58

Did he inherit the tenancy from his parents? If so, might it be something to do with that. I don't think council tenancies can be succeeded more than once but I wouldn't have thought it stopped you being added as a joint tenant. Perhaps the council have got confused?

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