Joint Tenancies
How to apply for a joint tenancy
You will need to complete an application form and return it to the Association.
Please read this information leaflet and consider carefully before applying for a joint tenancy.
Who can apply?
You can apply for a joint tenancy with your husband, wife or civil partner.
If you are not married or do not have a civil partnership agreement, you can apply for a joint tenancy with a member of your household who has lived in the property for the past 12 months provided it is their only or principal home.
Examples of household members include:
- Partner (including same sex partner)
- Family member such as mother, father, son, daughter, sister, brother, etc
- Unpaid live-in carer
The Association will not grant a joint tenancy between more than two people.
Will the Association refuse to grant a joint tenancy?
The Association may refuse a joint tenancy where:
- Rent arrears are outstanding
- An obligation of the tenancy has been broken or not performed e.g. damage has not been repaired by the tenant
- The tenant is a successor tenant
- The tenancy is Assured Shorthold
Each application will receive consideration on its merits.
If your application is refused, you can appeal against this decision. Please ask for a Complaints & Appeals Leaflet.
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.
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. Please contact the Council’s Customer Accounts Section for advice about this on 08452 304040.
If you have any questions or need further information, please contact your Housing Officer.
Downloads:
Joint Tenancy Application Form
View the Joint Tenancy Application Form.
You may print it out and complete it if you wish, but please consider carefully before applying for a joint tenancy.
