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Harris, Law Specialist
Category: Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Why won't my council allow me to transfer my tenancy to

Customer Question

Hi, why won`t my council allow me to transfer my tenancy to my ex partner. We still currently live together (have done for 14yrs) the tenancy is in my name
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Please confirm what kind of tenancy you have and what Mid Suffolk have stated in response to your request? Please also confirm if you are married to your ex-partner.
At the moment, I would suggest that you do not move out as this could bring the tenancy to end making it more complicated to deal with.
In the event that the local authority refuse to agree to a transfer of tenancy then the court can deal with upon submission of an application under the Family Law Act for a transfer of tenancy.
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear Miss DyerThank you for your email requesting permission to assign your tenancy to your ex-partner, Mr Shane Harvey.I am sorry that you would not be able to assign your tenancy to Mr Harvey as he would not be entitled to succeed to the tenancy in event of your death. (Please see section 10.3 of your tenancy agreement).Mr Harvey could register on the Gateway from your current address to see if he would be eligible for rehousing in a smaller property. However, if he were found to be eligible, I believe that it is likely he would have a long wait as one bedroomed properties are in short supply and high demand.we are not married, not sure what type of tenancy I have...been in council property for over 20ys, always paid my rent on time.
Customer: replied 1 year ago.
did you receive my message...
Expert:  Harris replied 1 year ago.
Thanks for the further information. Given that the local authority will not agree to assign the property you will need to make an application to court for a transfer of the tenancy under form D050b to your local family court for the court to make a decision regarding the tenancy transfer.
Customer: replied 1 year ago.
How much will this cost, how long will it take, what are the chances of winning...
please & thanks
Expert:  Harris replied 1 year ago.
The court fee should be about £255 and the Court will list the matter for a hearing which will take a few months. The court will likely ask you to file a statement regarding the transfer of tenancy application and this will also need to be served on the landlord for their response.
Prospects of success are difficult to assess but it will be in his best interest to address the following :
a) The housing needs and housing resources of both of you and the children);
b) The financial resources of both of you;
c) The effect of any order, or failure to make an order, on the health, safety or well-being of both of you and the children.
You should also be aware that if he is living there alone he will be entitled to less housing benefit (if he would be entitled to this) as he will have two spare bedrooms.
Customer: replied 1 year ago.
what if I requested for a joint tenancy... and then left, could he then stay?
Expert:  Harris replied 1 year ago.
Yes, if he is a joint tenant then he would have a right to remain and succeed the property - but it is for the local authority to add him to the tenancy as a joint tenant and you need to request the application from them.
You should seriously think about whether you wish to do this as the local authority will not grant you a further council tenancy if you already hold one in sole or joint names.
Customer: replied 1 year ago.
I have somewhere private lined up already to move into, they are holding it for me. So, I will request for my ex-partner to be added to the tenancy, when achieved I will then move out, and he`ll be able to stay for as long as he likes?
We both work full time
Customer: replied 1 year ago.
does the joint tenancy have to be in place for a certain length of time before I can move out?
Expert:  Harris replied 1 year ago.
Yes if he is a joint tenant he can remain in the property and you do not have to remain for any length of time before moving, however you would need to inform the landlord that you have moved out.
You should be aware that if he falls into rent arrears, as you are a joint tenant the local authority can pursue you in relation to any arrears.
Customer: replied 1 year ago.
last question, I promise....Can the council refuse to agree to a joint tenancy?
Expert:  Harris replied 1 year ago.
As the landlord, they would have to carry out an eligibility check on him and if he does not pass the eligibility for social housing then they can refuse to add him as a joint tenant
Customer: replied 1 year ago.
ok, you have been so helpful and I really appreciate your help. I will now apply for joint tenancy and then move out without worrying about my ex partner having to find a new home and the boys will be able to come stay with him.many thanks
Expert:  Harris replied 1 year ago.
No worries, hope it goes well

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