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Original poster

Joint to sole tenancy

15 replies

Ifonly86 · 01/08/2020 14:03

Does anyone have any experience of changing a joint tenancy to 2 separate sole tenancies with social housing?
If one tenant doesn’t want to leave does it become a legal issue the other tenant has to fight?
If one party exchanges the property and doesn’t ‘allow’ the second tenancy to move with them, essentially leaving them homeless, is this allowed and will the second tenant be rehoused if so?
I don’t want to be too outing but it’s related to my parents and I’m a bit concerned. Ty

OP posts:
Original poster
Ifonly86 · 01/08/2020 14:04

Party and tenancy should say tenant!

OP posts:
Timeforredwine · 01/08/2020 14:08

Hello I have been in this sit, usually if a joint tenancy then both parties have to sign to agree the transfer to sole tenancy or as in my case required to take through court to obtain a court order to provide to housing to take off other person. This was due to them not living there but refusing to take name off. Not sure how this works if both parties residing at property. Sorry cant be of more help.

Timeforredwine · 01/08/2020 14:14

Also if it's a joint tenancy you are not allowed to refuse the other person living there unless there is anti social behaviour, you need log, or domestic violence which can change circs. Think you need legal advice which you can sometimes get free if DV involved.

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Timeforredwine · 01/08/2020 14:16

Also if you leave the home of your own accord as far as I'm aware you would be making yourself intentionally homeless so would not be rehoused.

ArriettyJones · 01/08/2020 14:21

Does anyone have any experience of changing a joint tenancy to 2 separate sole tenancies with social housing?

Two tenancies? So one partner wants to be rehoused?

I worked for an HA years ago and changing a joint tenancy to a sole name one is easily done if both tenants agree. If they don’t agree, a court order or a senior housing management decision is needed.

However, if the second partner wants to be rehoused at the point they come off the joint tenancy, that is much more complicated. In many areas, policy is that you cannot register for the housing list while your name remains on a social tenancy. If that applies in your area, you’d need that partner to come off the joint tenancy by agreement and then apply for housing in their own right, who might be a lengthy process, and might never result in a flat/house. It depends a lot on where you are.

Timeforredwine · 01/08/2020 14:37

in my experience though it is not a decision for housing if both tenants dont agree and only one is still in property unfortunately their refusal to sign papers leaves no alternative than to apply for court order because housing have no jurisdiction or authority to remove someone's name if they refuse unless they are making an eviction order.

Original poster
Ifonly86 · 01/08/2020 14:38

Thanks for replies my mum is abusive and doing everything she can to ruin my dad, she is exchanging to a one bed flat from a 4 bedroom house now their last child has moved out and she isn’t letting him come. he doesn’t want to split but if he has to he has nowhere to go/no money/no job/poor health.

OP posts:
Butwhhhyyyyyyy · 01/08/2020 15:12

Surely she can't exchange homes unless your dad agrees as he's on the tenancy too?

Original poster
Ifonly86 · 01/08/2020 15:25

That’s what I thought as the HA wouldn’t allow the exchange without his signature? but from another point of view if he isn’t welcome it’s best for them both if they civilly go their separate ways, ideally not leaving my dad in a disadvantage though

OP posts:
Timeforredwine · 01/08/2020 15:36

If he leaves the property he may be seen as being intentionally homeless by the council but he shouldn't have to stay in a bad relationship. He needs a solicitor and he needs to inform housing of everything and keep logs.

ArriettyJones · 01/08/2020 16:13

Does he accept that the relationship is abusive? Their landlord should have a DV policy.

He needs to speak to them and also to get legal advice. Don’t let him walk meekly away from a secure tenancy just for a quiet life.

Original poster
Ifonly86 · 01/08/2020 16:25

Appreciate the advice. She’s mentally abusive and controlling rather than DV, so I don’t think my dad looks at it as being abusive, but it’s plain as day to everyone else. I will encourage him to fight it so he can access the help he needs. Ty

OP posts:
Timeforredwine · 01/08/2020 17:10

Mentally abusive and controlling is DV.

Original poster
Ifonly86 · 01/08/2020 17:20

Sorry I should have said physical violence not DV

OP posts:
lyralalala · 01/08/2020 17:27

Your Dad needs to speak to the HA. They all have different policies and ways of doing things. He needs to make sure that your Mum hasn't forged his agreement for the move

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