Surely this CAN’T be legal........

[Redtartanlass]

My friend and her 4 children are abut to be homeless in a month, because her ex-partner has taken his name off the tenancy agreement!!!!

My friend and her husband have been joint council tenants for about 15 years, they split up about 2 years ago when he ran off with his 19 year old cousin . He left my friend in terrible dept and she ran up rent arrears.

2 years on she is nearly back on her feet, paying her rent arrears little by little each month. However he has decided that he wants to get his own council house and he can obviously only be on one tenancy agreement. He has gone to the council and has asked for his name to be removed. Even though there is £900 in arrears, they have agreed to remove his name.

However, because it?s a joint tenancy, they have to remove my friends name as well. Without her permission So unless she can find the £900 in arrears she is out in 4 weeks!!!!

Surely, surely this cannot be legal. My friend phoned in tears on Friday as the council has just phoned her to inform her of this. I know if you have a mortgage, you can?t just go to the Bank and get your name removed surely it is the same with rent.

Any advice ladies please!!!

If her ex wants to end the tenancy, he is required to get her permission first, because this will end the tenancy for both of them. The council should make sure that everyone has given their permission before agreeing to end the tenancy. I don't know what would happen ifshe refuses to end it? I assume she has an assured agreement.

If she don't want to move out, she can try to negotiate a new agreement with the landlord. Either by taking on the tenancy of the person who wants to leave, or paying the extra rent herself. She has kids, and has been clearign the arrears, I'm sure they would be sympathetic is she explains her situation.

The council then needs to give her a new tenancy agreement, listing jsut her name and the rent she needs to pay.

Ending joint tenancies can be complicated - she should get advice from Shelters or the citizens advice bureau.

I think she should get advice if they have taken his name off without her permission as this might be an illegality and she might be able to do soemthign about it.

If she did agree, then she has effectively ended her own tenancy and it depends on their goodwill.

i got my ex to take his name of the tenancy all that happened was they did and put just my name on. there was no problem

oh and the arrears are pretty irrelevant to the agreement - either party can be held liable for the full amount.

Sorry, and I hope this helps a bit.

Thanks Kelly & Starshaker, Ive just rang her and TOLD her to ring Shelter. She's also ust remembered that when she first split up with her husband she tried to take his name off the tenancy, and they wouldn't let her without his permission!!!