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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33313
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I have left a relationship where I was a tenant in a council

Customer Question

I have left a relationship where I was a tenant in a council property, I have requested for my name to be removed from the tenancy but have been told this is not possible unless both tenants sign an agreement. My ex partner will not agree to this as he wants me to go back. How can I get out this??
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I will do my best to assist you but need some further information first.
Does your ex wish to remain in the property?
Do you mind if he is made to leave?
Claire
Customer: replied 3 years ago.

Hi


 


yes, he wants to continue to live there. I dont really want him to be made to leave as he is the lead tenant and has lived there for a long time before I moved in with him.


I just want to get name removed as I have the chance of a property in another area and having my name on the tenancy is stopping this from happening


 

Expert:  Clare replied 3 years ago.
Hi
Then I suggest that you tell him that if he will not agree to sign the paperwork releasing him you will have no option but to give Notice to end the tenancy - which will be binding on him as well
I hope that this assists you - please let me know if you need further information
Claire
Customer: replied 3 years ago.

Hi


 


He has refused to sign the paperwork and the council are not prepared to take it any further without his consent. two weeks ago I had to call the police because he locked me in the flat and he now has a restraining order against him contacting me. I'm at my wits end, I cannot see any resolution to this - the council are rigid with what they are saying and you are really refering me back to them. Is there any other way round this???

Expert:  Clare replied 3 years ago.
Hi
If he will not sign the paperwork then you should give notice to the council that you wish to vacate the property - this is binding on both of you and they have to accept it.
If you do not wish to do this then I need to know if you are married to your ex?
Claire
Customer: replied 3 years ago.


Hi


 


I will go into the council to sign that I want to be removed from the teanacy, but what will happen if he wont sign to agree to this. I am not married, I had been living with for about 5 years.

Expert:  Clare replied 3 years ago.
Hi
The council should accept a surrender from just one tenant - but if not you will have to apply to the court for the Transfer of the Tenancy into his sole name
The form you need is here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0847/D50B.pdf
Claire
Customer: replied 3 years ago.

Hi


 


I have just tried to find this form on the address you advised but cannot find it. Are you able to attach???

Expert:  Clare replied 3 years ago.
Hi
If you copy and paste the link to google it will take you straight there
Claire
Customer: replied 3 years ago.

ok, thanks I have found form. Do I just complete the form and go to local court with it or do I need to go through a solicitor?

Expert:  Clare replied 3 years ago.
Hi
Before you start this have you called the council and asked if they will accept a Surrender of the Tenancy from just one of you?
Claire
Customer: replied 3 years ago.

Hi


Does surrendering the tenancy mean that my ex partner will have to leave as well?

Expert:  Clare replied 3 years ago.
Hi
Yes is woudl - which woudl give you a negotiating lever to use and avoid the costs of a court application
Claire
Customer: replied 3 years ago.

Hi


 


I really want to avoid him having to give up the property, he was the sole tenant before I moved in with him and I do not want to be responsible for him being left homeless

Expert:  Clare replied 3 years ago.
Hi
You would not be responsible - he would be as you would have given him the choice of transferring the tenancy to him.
Why should you have to spend hundreds of pounds on keeping him safe?
Claire
Customer: replied 3 years ago.

Hi Claire


 


I have written to the council again informing them of what you have said to me at the beginning of May, I have just found out that they are still not going to remove my name from the tenancy without him agreeing to it. Where can I go with this problm now, will I have to take it to court?


 


thanks Jo

Expert:  Clare replied 3 years ago.
Hi
Do you mean that you surrendered the tenancy?
Claire
Customer: replied 3 years ago.

Hi


 


yes, I put that in the letter and they are still saying it has to be a joint agreement


 


Jo

Expert:  Clare replied 3 years ago.
Hi Janet
Did you ask for the form for Surrendering the Joint Tenancy?
Claire
Customer: replied 3 years ago.

Hi


 


No, I didn't know about this -

Expert:  Clare replied 3 years ago.
Hi
In that case write and ask for their policy on the Surrender of Tenancies.
Indeed you may be able to find it online.
This should confirm what you need to do - but if not then sadly your only option will be a court application
Claire
Customer: replied 3 years ago.

Hi Claire


I have decided to apply to the court, can you let me know how to procedd with this please


 


Thanks Jo

Expert:  Clare replied 3 years ago.
Hi
The form that you need is here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0847/D50B.pdf
It has to be supported by a Statement setting out the facts - when the tenancy started and when the relationship broke down and what efforts you have made to Transfer the tenancy
Claire

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