Removing someone FAQs

 

What changes if I remove someone from a joint tenancy?
If your application is approved, both tenants will complete an end of tenancy form to end the joint tenancy.  You will then be issued with a new tenancy agreement between yourself and MTVH.  This is called a sole tenancy.

 

What are my responsibilities as a sole tenant? 
As a sole tenant, you are responsible for all the conditions set out in your tenancy agreement. This includes paying the rent and the condition of the property. As well as the behaviour of people at the property. 

 

Why won’t you grant permission for new a sole tenancy? 
We will not offer a new sole tenancy if you are in rent arrears or under a court order. Or if you have other breaches of tenancy such as anti-social behaviourTo get permission you will need to pay your rent arrears or rectify the breaches of tenancy. The property must be suitable for the sole tenant. It must meet our current allocations policy. If you have succeeded to the original tenancy another tenancy change is not possible. 

 

Does my tenancy agreement change if I remove a joint tenant ? 
You will be ending a joint tenancy and issued a new sole tenancy.  The new sole tenancy may have different terms and conditions as well as different rent.  

 

Are there any other ways the tenancy can be changed to a sole tenancy without ending it? 
Yes, our advice is to seek legal guidance in this situation. We can change the tenancy to a sole tenancy if we are instructed by law. A court may grant a property Adjustment Order under one of the following laws.  

  • Matrimonial Causes Act 1973 – Award of a property transfer order on relationship breakdown 
  • Family Law 1996 – Award of a property transfer order on relationship breakdown where the parties are not married 
  • Children Act 1989 – Property Transfer Order for the benefit of a child of unmarried parents 
  • Civil Partnership Act 2004 (schedule 5 part 2) – Award of a property adjustment order following dissolution, nullity or separation. 

 

What happens if one of the joint tenants dies? 
If one of the joint tenants dies, we pass the tenancy to the other joint tenant. Please see the succession section for further details.

 

Will you rehouse the person leaving the joint tenancy?
No. We are under no obligation to rehouse the person leaving the tenancy when the tenancy ends. We recommend that all tenants seek legal advice before ending a tenancy. It may affect their application for a housing waiting list and homeless status with a local authority.

 

What happens if my joint tenant doesn’t agree to me having the tenancy?
The tenancy agreement is a legal document and joint tenants have equal rights. Both parties should seek independent legal advice if they are not in agreement. MTVH will always remain impartial.

 

I’m suffering domestic abuse from my joint tenant. What can I do?
Please contact our housing team to discuss your options. Our team is here to offer help. We can provide support and advice on other agencies available to you. 

 

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