Where it is a joint tenancy and there has been domestic abuse, it is possible to get a court order banning the abuser from the property. Ending a periodic tenancy We have been separated for 7 years (he walked out 7 years ago) and he has gone on to have 2 more children with another partner. It is possible to apply for an injunction order from the court to stop your ex serving a notice to quit. If the tenancy agreement is in your ex-partner’s name. The Court will consider: Both married and unmarried people, with or without children, can apply to the court under the Family Law Act 1996 for the transfer of the tenancy. If your ex is the sole tenant, it will depend if you are married, or civil partners, or there are children – see below – but you will need legal advice. Landlords can also draw up their own, as long as they include the minimum information required by the Act.Download the residential tenancy agreement below.Download the boarding house tenancy agreement below.Landlords also need to include additional statements in their new tenancy agreements.Find out about required statements in tenancy agreements So, here is an attempt at an FAQ, and with a list of agencies to contact where domestic abuse is concerned. But this can happen only in certain circumstances. If you’re joint tenants and you both want to leave, either you or your ex-partner can end the tenancy by giving notice. You have to go to court to transfer a lease, so it is best to try to get an agreement with your ex-partner first if you can. Please contact your Neighbourhood Officer. If your tenancy agreement states very clearly that the tenancy is a ‘single occupancy’, the landlord can definitely start proceedings to evict the unwanted party. Removing partner form tenancy agreement 06-09-2006, 16:04 PM. See below.) Hello All, I have been renting a property to a married couple for just 12 months on a 6 month short term tenancy agreement. The only important thing – for now – is who is the named tenant. However, if you are married to the tenant you may have a right to claim the tenancy. For sole tenants, other family members may be allowed to inherit the tenancy when they die. You must apply for an injunction from the court before your ex-partner announces it – this can be complicated, so it`s best to get help from your next citizen council. Sometimes when there's more than one tenant on the tenancy agreement, one of these tenants may want to leave. Support and advice for victims of domestic abuse This can only happen within divorce or judicial separation proceedings, not at any other time. It is possible for a court order to be made transferring a sole tenancy to another tenant, or transferring a joint tenancy into one tenant’s sole name. Each of the tenants is responsible for their own rent and responsibilities and for the group's responsibilities and rent. This is where things get more complicated. My friend went through hell with her ex in this situation he wouldn't sign the house back to her, but was refusing to pay the rent and she couldn't get housing benefit because he was still on the tenancy What worked for her was when he tried to apply to the council for housing for himself. If the property is in your ex-partner or spouse’s sole name, or in your joint names, it is possible for him to end the tenancy agreement by himself. Seek the landlord’s agreement Sadly, since 2013, there has only been very limited legal aid available, mostly where there has been domestic abuse. A joint tenancy – there is one tenancy but two (or maybe more) people are named as tenants. If a common tenant terminates the tenancy agreement, it terminates the tenancy agreement. Subscribe for email updates - the previous 24 hours new posts, whenever there are new posts. We have two children together who he sees most weekends. What can be done? Galop (for lesbian, gay, bisexual and transgender people) – 0800 999 5428 Protecting a joint tenancy You can check what rent you can check with the Shelter rental agreement. This would need a deed of assignment. The lessor is not legally obliged to grant a tenancy agreement to the remaining tenant. (But see below if you are married or civil partners, or there are children). we separated about 8 years ago, and i asked him to remove his name from the tenancy. The position for the tenant who has remained is therefore risky. “if we have a joint council tenancy can i kick partner out?” tenants on the tenancy agreement, even if one of you has moved out. But the decision is up to the court, and very good reasons would need to be made out for the tenancy to be transferred. And it has to be faced that a significant proportion of these situations will involve domestic abuse. If you're joint tenants, your ex-partner needs your written permission to end the tenancy. You are also responsible for making sure the rent is paid and that the terms of the tenancy agreement are complied with. If you leave your home and don't end your tenancy legally, you'll still be liable for rent. Once resolved, however, things can be easier to navigate with a lucky landlord getting rent and tenants taking advantage of the occupancy. When the notice ends, the tenancy and the right to live in the property will end for all tenants. What to expect from your annual home visit. The legal tenant has broken the rules of the tenancy, and the courts will back the landlord. When you divorce, you can usually include a transfer of the lease in your divorce proceedings. 2. Joint tenancy term of a tenancy agreement (including who the co-tenants are) there must be an agreement (in writing) between all parties to that agreement. How to end a tenancy, add or remove someone, and who can inherit a tenancy when a council tenant has died. Check if you have a joint tenancy. He or she is responsible for paying the rent. If you've agreed one of you plans to stay, it’s usually best to explain this to your landlord and ask them to update the tenancy agreement. Legal aid eligibility check & advisor finder, Housing Law Practitioners Association – Legal Aid housing specialists list. This is the case whether the agreement is fixed term (between a start and end date) or periodic (a continuing tenancy with no end date). My ex told me that the council told him that he needs to claim for his children in his name and then the council would be able to rehouse him. If the tenancy agreement is in your name, you have the right to remain in your home. So it is not a solution, just a temporary protection. I can’t advise on Scottish law). Your rental agreement will be a joint tenancy if both you and your partner are named as tenants on the contract. If one tenant ends this type of joint agreement none of the other tenants can stay in the property without the landlord's permission. If you rent your home and your name is on the tenancy agreement, you may be able to get your partner evicted from the property. You must apply for an injunction from the court before your ex-partner announces it – this can be complicated, so it`s best to get help from your next citizen council. There are steps that can be taken about this (see below). “Can I take my ex off the tenancy” and so on. There's no limit to the number of people who can be joint tenants of a property. For joint tenants, this means that if either tenant dies, the remaining tenant will automatically inherit the tenancy. There is a confirmation email, so check your spam folders if you don't receive it. This is not how it can work, and is wholly up to your landlord whether they will agree to you ending the tenancy and them giving you a new one. It is not a permanent solution and also needs to have an injunction to stop them terminating a joint tenancy. Advice Now – Video guide to applying for an injunction for domestic abuse and links to advice and support. Unsurprisingly, landlords will often fail to do this. You should seek legal advice and assistance on obtaining the injunction. Your landlord may want to end the common lease and start a new one with the remaining person. This is a simple form that transfers the tenancy from you and your ex jointly (as it stands) to him alone (as you would prefer). Usually joint tenancies are set up where all the tenants are party to one tenancy agreement. Improvements and alterations to your home. If you are the sole tenant, and you want your ex out, you can tell them to leave on reasonable notice, and possibly change the locks if they don’t. Nothing on this blog should be relied upon as a substitute for legal advice from a qualified solicitor regarding any actual legal issue or dispute. COVID-19 and renting In October 2020, an eviction ban was introduced for any period when people’s movement is restricted to 5 kilometres from their home as part of COVID-19 restrictions. If you have common tenant names in the lease, it is possible to withdraw one based on a small number of tenants who are now responsible for things. If you are living in the property and your ex has left, they can end the whole tenancy – including your right to stay there – on a month’s notice, without telling you. Tenancy. The exact rules depend on the type of joint-tenancy agreement you have. Your landlord may hold you liable for rent arrears or damage caused by you or any of the other tenants with retirees. If you are both named tenants, it is highly likely to be a joint tenancy. If your husband or wife, ex-husband or ex-wife, partner or ex-partner is a Scottish secure tenant, you have an additional option open to you: you can ask your landlord to get a court order to evict your partner in order to transfer the tenancy … Different council tenants have different tenancies. The departed tenant could give notice to quit to the landlord without any warning and that would end the tenancy for the people still in the property as well. Transferring a Scottish secure tenancy. If you cannot do so, your rental agreement will not stop legally and you can still be sued for rent if you leave. You can still move out of the building, but you remain subject to rent as long as the lease continues. Not all kinds of tenancy are capable of being assigned though, so this would need advice. DAHA – list of national and local support services. So as the title says, my ex partner will not remove his name from the tenancy agreement. You may then be able to get the tenancy agreement transferred into your name. Transferring the tenancy You can try to prevent this if you want to stay. the respective financial resources of the parties, the likely effect on the health, safety and wellbeing of the two parties and of any child. In most states, if you have a compelling case, a judge will issue a temporary restraining order directing your ex to leave your residence and stay away from you. If you are the sole tenant, and your relationship has broken down, you can, in principle, throw out your ex without any problem. Please note that we cannot give advice on individual’s situations or problems on this blog. the manner in which the child was being, or was expected to be, educated or trained. Here are details of some agencies that offer advice and assistance for those facing domestic abuse and some in family law. Your ex can’t be just ‘taken off the tenancy’. What this means is that even where you have split up and one of you has left the property to live elsewhere, the person who has left can’t just be ‘taken off the tenancy’, because they are still the (joint) tenant. RCJ CAB – legal advice and assistance, including family However, you and your landlord can agree on matters not covered by legislation in a lease or tenancy agreement, for example, who pays for the utility bills. I live in a council house with my ex partner and his 2 children we have a joint tenancy and i currently claim child tax and working tax for both of his children. The answer is Yes but you will first need to get the Housing Executive or housing association’s permission to create a joint tenancy. Where the ex has left, and it was a joint tenancy, you can seek your landlord’s agreement to you terminating the tenancy and being granted a new sole tenancy. You’ll both need to move out. 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