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Form for removing a joint tenant

9 replies

Bbbbbbbb2017 · 04/09/2018 10:27

Hi, what form is it to remove my ex from a tenancy? And is there help with the fee?

OP posts:
prh47bridge · 04/09/2018 17:54

Do you mean that you and your ex own a house as joint tenants? If so, are you trying to sever the joint tenancy so that you will be tenants in common, each owning 50% of the house? Or remove him from ownership completely? If you are trying to remove him from ownership, have you agreed a financial settlement with him?

NameChange30 · 04/09/2018 17:56

I expect the OP means that they are joint tenants on a tenancy agreement for a rented property.

OP, who is the lead tenant and is it a private landlord or council/HA?

prh47bridge · 04/09/2018 18:03

I initially thought that but asking what form is needed doesn't make sense. That would depend on the landlord.

Bbbbbbbb2017 · 04/09/2018 18:06

I think he is the lead tenant. We are housing association, split 2 years ago and he hasnt lived here since

OP posts:
prh47bridge · 04/09/2018 18:09

In that case you need to talk to the HA. If he agrees to being removed it shouldn't be a problem. If he doesn't agree you may need to provide evidence that the relationship has broken down.

Bbbbbbbb2017 · 04/09/2018 18:18

The housing association have already said I need a court order. He has a criminal conviction for DV against me, a restraining order and a zero contact order in relation to the kids.

OP posts:
NameChange30 · 04/09/2018 18:52

Sorry you and your children went through that Flowers

Did you get any support from a DV worker/organisation? Did you get legal aid and a solicitor? Was there an occupation order?

I would suggest going back to the solicitor (if you had one) or calling the free rights of women family law helpline.

Shelter are usually pretty good too, they have a helpline.

JustAnotherLawyer · 04/09/2018 21:27

The housing association have the power to transfer the tenancy without a court order, so long as they have the other tenant's agreement. I am going to assume he is not giving his agreement and therefore they are demanding a court order.

You can apply for a transfer of the tenancy on form DB50B. Available on the HMCTS website.

JustAnotherLawyer · 04/09/2018 21:29

D50B

And EX160A to find out if you can claim fee exemption/reduction.

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