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Joint Tenancy legal question.

4 replies

akaemmafrost · 18/05/2012 19:29

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.

OP posts:
Collaborate · 18/05/2012 20:14

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

akaemmafrost · 18/05/2012 20:16

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.

OP posts:
Collaborate · 18/05/2012 22:42

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

akaemmafrost · 18/05/2012 23:42

Ok thanks so much, will speak to a solicitor.

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