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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 18809
Experience:  Solicitor
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We have a joint tenancy, my wife has left for a trial

Customer Question

We have a joint tenancy, my wife has left for a trial seperation. The housing association have said this means she will have to take her name off the tenancy,
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: The Housing Association rang me and said she would need to come off.They are sending her the paperwork. Nothing signed. I read this It is not unusual for joint tenants’ relationships to breakdown and for one party to move out – this leads to requests for joint tenants’ names to be removed. As the section above explains, landlords do not have the power to do this.
It is open to any of the joint tenants to serve a valid notice to terminate the tenancy but before doing so they should seek professional legal advice on the implications. In some cases it might be possible to reach an agreement with landlord to ensure that on the expiry of the notice to quit, the party terminating the tenancy will be granted a new sole tenancy (this may be of another property depending on the circumstances). The 2002 Code of Guidance (now superseded) said:
3.9 Where a joint tenant serves notice to quit, housing authorities have a discretion to grant a sole tenancy to the remaining tenant.
7 Ibid.
JA: Where is the property located?
Customer: West Sussex
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Well can they do this. The parliament handbook quoted from has said they do not have the power to do it.
Submitted: 26 days ago.
Category: Property Law
Expert:  Virtual-mod replied 26 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 25 days ago.
still waiting
Expert:  Jamie-Law replied 24 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Expert:  Jamie-Law replied 24 days ago.

This happens all the time.

In effect what happens is that tenant who moves out, in effect gives notice. The Association then grant a new tenancy for the remaining tenant.

What this means, in reality, is that the tenancy just continues.

But this happens all the time. Either the tenant gives notice or a Court order is needed to remove them.

But it is quite normal.

Can I clarify anything for you about this today, please?

If you need anything further I am available for a follow up at no extra cost.

Expert:  Jamie-Law replied 24 days ago.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.