If you’re considering changing your tenancy status for any reason, please read the following information.
There can only be one succession to a tenancy. If a tenant changes a tenancy from sole to joint this will automatically generate a new tenancy which will mean succession rights are reinstated. If However, a joint tenancy has been changed by assigment to sole status this will mean the succession right has been used up.
In the event that a tenant dies leaving a relative in occupation who does not have a legal right of succession we will use our discretion to decide if the tenancy is granted taking into account the size of the property and the needs and vulnerability of the person concerned.
An assignment is where a tenancy has been legally transferred.
Tenants who have not succeeded to the tenancy themselves, have the right to assign (pass) their tenancy to their spouse, partner, provided that they would have qualified to succeed to the tenancy if the tenant had died immediately before the assignment.
An assignment is done by a legal document this means the right of succession is used up and the successor cannot then pass on the tenancy.
The courts can also order an assignment between married partners and civil partners as a result of divorce proceedings, or dissolution of a civil partnership. This is called a ‘tenancy transfer’.
A tenant may ask to remove a joiint tenant from the tenancy following a relationship breakdown or if one party chooses to move out. A sole tenancy is created when a joint tenant assigns their part of the tenancy to the remaining tenant.
When the tenancy has been changed into one person’s name, that person is solely responsible for paying the rent and ensuring that the tenancy is managed correctly.
You won’t be able to change your tenancy from joint to sole if:
For an assignment both tenants will need to meet with us to complete the legal documents. Once an assignment takes place the ‘Succession rights’ have been used up.
A joint tenancy is created when a sole tenant wants their tenancy to include a partner. Where there is a joint tenancy, both tenants are then responsible for ensuring that the rent is paid and that the tenancy is managed correctly.
We will not unreasonably withhold consent but we are unlikely to give permission when:
The proposed tenant:
The person wishing to become a joint tenant must be a spouse or partner who has lived at the property with the sole tenant for the last 12 months. You will need to provide proof of this such as:
Both parties will need to meet with us to sign a new tenancy agreement.
As a tenant you have the right to invite anyone to come and live with you provided the property does not become overcrowded and they agree to the tenancy conditions.
You need our permission to take in a lodger but we wont refuse without good reason. But remember someone else living in your home may affect your housing benefit entitlement so you will need to notify the benefits team.
We may at times also require Proof of Identification, residency and other information for the lodger.
The property must be the sole residency of the tenant.
This means you cannot sub-let all of your property to another person.
In circumstances where we suspect someone is sub-letting all their home we will investigate the claim and where necessary take legal action to end the tenancy.