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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 6382
Experience:  LLB (Hons)
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I need help change a joint tendency to a sole tenancy. The

Customer Question

I need help change a joint tendency to a sole tenancy. The other tenant moved out 4 years ago and has married. I am trying to buy my property via the right to buy scheme but the other tenant is refusing to sign any documents which will allow me to do this.Can you help?
How long will this take?
What will be the cost?
JA: Where are you? It matters because laws vary by location.
Customer: Lewisham
JA: What steps have you taken so far?
Customer: I’ve spoken to housing management who require a email from the other tenant. I have emailed the other tenant but I’m being ignored
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 12 days ago.
Category: Law
Expert:  SASH_Law replied 12 days ago.

Hello, how are you today? 

My name is Lea. It would be nice if you could let me know your name, so that I know who I am talking to. I am going to see if I can assist with your query. I may need to ask you additional questions and it is important for you to answer all the questions clearly, so that I have the information I need to give you an accurate response for your specific legal situation. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.

The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Please confirm that you have read and understood this message and then we can begin.

Customer: replied 12 days ago.
I have read and understand your message
Customer: replied 12 days ago.
My name is Richard
Expert:  SASH_Law replied 12 days ago.

Hello Richard

Why is the other tenant refusing to sign the paperwork?

Customer: replied 12 days ago.
She is my ex partner but I am unsure why she is refusing. We have not communicated with each other for almost 4 years with the exception to 2 emails I have sent in the last fortnight
Expert:  SASH_Law replied 12 days ago.

If the other tenant will not agree to remove their name from the tenancy, then you will have to make an application to court for a transfer of tenancy. You can do this on form D50B. You submit the application to your local county court. I believe this type of application does not have a court fee attached to it, but ask the county court desk for clarity on that.

You will need to complete the application form and provide a witness statement to accompany it which should include details of the tenancy, how it became joint, why you wish to have it changed to a sole tenancy, where the other tenant is now living and if he/she has a tenancy agreement and to explain why transferring the tenancy would be in the best interests of both parties. If you have any evidence to support your application, such as the other tenant’s previous agreement, you can exhibit that with your witness statement.

The court will list the matter for a hearing, and if all is agreed will make an order for the transfer of the tenancy into your sole name. Submit a copy of the order to your landlord and they must transfer the tenancy into your sole name.

Court form here:

Customer: replied 12 days ago.
Thank you. What if I don’t know where the other tenant resides?
Expert:  SASH_Law replied 12 days ago.

Is there a reason you don't know?  E.g alleged abuse?

Customer: replied 12 days ago.
No. We agreed to end a long relationship 4 years ago and have not communicated since.
Expert:  SASH_Law replied 12 days ago.

In that case you should use a tracing agent (just use a search engine to find one in your area) to trace her address, or ask relatives etc.

Customer: replied 12 days ago.
Thank you so much for your help. May I retain your details just incase I require your services in the future?
Expert:  SASH_Law replied 12 days ago.

You're very welcome, glad to assist.

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading of a new thread. Alternatively, once you have rated this question, you will get the option to add me as a favourite expert from your membership page. Then, when you wish to ask me another query, you can then simply type “@“ followed by my name in your next chat, e.g. @SASH_Law.

Please note that there is no need to respond to this message.

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