Joint Tenancies

What is a Joint Tenancy?

The tenancy agreement is the same for joint tenants as for sole tenants.

Both joint tenants must sign the tenancy agreement. If you are not sure if you have a joint tenancy please contact your housing officer for advice and a copy of your tenancy agreement.

Each joint tenant is fully responsible for meeting the obligations of the tenancy, including paying rent. If there is a breach of the tenancy the Association can take legal action against both joint tenants or only one of you.

Joint tenants have equal rights to occupy the property and can only be excluded or evicted from the property by a court order.

One joint tenant can end the tenancy by giving four week’s notice in writing to the Association. Both joint tenants are not required to sign the notice.

What if a joint tenant dies?

On the death of a joint tenant, the tenancy automatically continues for the surviving joint tenant who still lives in the property. A person who was a joint tenancy and has become a sole tenant is defined as a successor tenant.

The Association must be informed as soon as possible in order that the tenancy records can be changed.

What if a joint tenant leaves?

Again, the Association should be informed as soon as possible. If the joint tenant does not intend to return, they may apply to the Association for permission to assign the tenancy to the sole name of the joint tenant who is staying in the property. If permission is granted, both joint tenants must sign the assignment of tenancy document.

The Association will not agree to an assignment if there are any rent arrears outstanding or any other obligation of the tenancy has been broken or not performed.

The Association will also need to check if the property is of a suitable size and type for the person/people residing there before considering an assignment request.

Both joint tenants are fully responsible for meeting the obligations of the tenancy, including paying the rent, until an assignment of tenancy is completed.

If the joint tenants cannot decide who should keep the tenancy, only a Court of law can decide on this.

What about Housing Benefit?

Any joint tenant can apply for Housing Benefit. You must notify the Council immediately if there are any changes in your circumstances which may affect your Housing Benefit entitlement.

Your Housing Benefit entitlement may be affected if you are granted a joint tenancy.

If you have any questions or need further information, please contact your Housing Officer.