Changes to a tenancy should not be undertaken lightly and have legal implications.
There are several ways in which a tenancy can be changed.
- Adding someone to a tenancy
- Removing someone from a tenancy
- Transferring a tenancy
- Inheriting a tenancy when someone has died
Adding someone to a tenancy
Joint tenants are equally responsible for keeping the tenancy conditions. Either joint tenant can apply for Housing Benefit.
We will normally only allow a husband, wife or partner to join the tenancy.
There are a few key things to note:
- they would need to show that they have lived at the property for 12 months prior to the application
- an application form must be filled and signed by both parties
- we must speak to you to make sure that you both understand you will be jointly responsible for the whole tenancy, including paying the rent and ensuring that there is no nuisance
- there must be no breaches of your tenancy such as rent arrears, nuisance or issues with the condition of the property
- we can refuse an application for someone to join the tenancy if they have been previously evicted from any accommodation, or have a proven history of relevant criminal activity, anti‐social behaviour or outstanding housing related debt (such as rent arrears or repair recharges) with any landlord
- we would not allow someone to join a tenancy other than a partner, where we have made major adaptations to the property and the person wishing to join does not have a need for these adaptations
Removing someone from a tenancy
A joint tenant can leave a tenancy by giving 28 days notice in writing, after which the tenancy will end. We will then decide whether to grant a new tenancy to the remaining occupant if they request to become a sole tenant of the property.
If 1 joint tenant has left the tenancy without notifying us, we will ask the remaining tenant to make efforts to contact them if they wish to become a sole tenant. If we are happy that they have made an effort and the joint tenant cannot be traced, we may allow the change to a sole tenancy.
If 1 joint tenant agrees and is prepared to pass on their tenancy to the other joint tenant, we may agree to this, if there are no tenancy breaches such as rent arrears or anti‐ social behaviour. We will accept a termination of the existing tenancy and we will normally create a new tenancy.
We can refuse to offer a new tenancy at the existing property to the remaining occupant if the property would be too big for them. In these circumstances we would seek a property of the right size for this person.
Transferring a tenancy
If you no longer wish to, or are no longer able to live in your home, we may let you give your tenancy away to a family member. For example, if you are taken into hospital for long-term care.
Otherwise, you are only allowed to give away your tenancy to someone else if you exchange with another council tenant or following a court order after the breakdown of a relationship.
Inheriting a tenancy when someone has died
'Succession' is when a sole tenant dies, and the tenancy passes to another. Who can succeed depends on when the tenancy began.
If the tenancy began before April 2012, the following people can succeed:
- the tenant’s husband, wife or person living with the tenant as their partner at the time of death
- another family member or relative who has lived with the tenant for at least the previous 12 months
If the tenancy began after April 2012 the only people that can succeed are the tenant’s husband, wife, or civil partner (co-habitee). This can only happen once; the law only allows 1 succession.
If the property is too big for those who are eligible to succeed, we would ask you to move, unless you are the husband, wife or civil partner (co-habitee).
If you are not eligible to succeed and refuse to move we will have to apply to the courts to get a possession order for the property.
We may offer another tenancy to someone who is not eligible to succeed if there are exceptional circumstances.
For further information you can contact your Housing Manangement Officer.