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Council Tenancy Transfer Issue

4 replies

Perdy45 · 11/10/2021 21:15

Hello,

Our council Tenancy was solely in my ex husband's name, when we split up the end of last year we informed the council & asked them if it was possible to get the tenancy transferred across to me. They advised that we would need to get divorced & I'd have to get a property adjustment order & the judge would grant this.

Our divorce was all finalised 2 months ago & I received the order all fine. I informed the council, the housing officer has told me that the judge should have contacted them first to approve this as they have an interest in the property & might not have approved this. I asked why they wouldn't as we have always been very good tenants. I work full time & the rent & council tax has always been paid on time from my bank account. She couldn't give me any reason.

She said she would need to speak to the judge as she wasn't sure why we'd gone through a divorce in a different county, that it was very strange. I explained it was an online divorce company that's probably why... I'm not sure why that would be an issue as long as it's in the UK...

She said that she'd need to speak to my ex husband to make sure he agreed to it. I'd sent her all the order agreement which he signed. I gave her his phone number & email for her to contact him & she hasn't...

I've been ringing her & emailing but she never gets back to me. Just wondering if I have anything to worry about here or anyone has been through a transfer of tenancy & it's been done differently?

Thanks in advance for your help.

OP posts:
JustAnotherLawyer2 · 11/10/2021 22:52

The judge made a property adjustment order...a transfer of the social housing tenancy from your now ex husband to you?

Tell the housing officer she can't object at this stage, the order has been made and you followed their instructions. (You didn't need to get divorced to apply for a transfer of tenancy either.)

Tenancy should be transferred, end of.

JustAnotherLawyer2 · 11/10/2021 22:53

Oh, and if she wants to 'talk to the judge', that'll mean she has to make a formal application to the court to object to the transfer of tenancy.

If that happens, make sure you ask the judge for your costs.

CornishTiger · 11/10/2021 23:04

Why did she not just do a deed of assignment?

england.shelter.org.uk/professional_resources/legal/renting/assignment/assignment_of_a_tenancy

Perdy45 · 12/10/2021 19:27

Thanks for your replies!

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