Council House Tenancy
The matter involves a client seeking assistance regarding a council house tenancy shared with a former partner who has since vacated the property. Both names are on the tenancy agreement, and the client wishes to remove the former partner's name. This issue relates to property and housing matters, requiring further details for a comprehensive understanding of the situation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I initiate the process to have her name removed from the council tenancy agreement?
To initiate the process of removing a name from the council tenancy, contact your local council's housing department. Explain your situation and ask about their specific procedure for amending the tenancy agreement. Generally, both parties need to consent to the change, and if consent is given, the council may require the departing party to sign a document relinquishing their tenancy rights.
What legal rights does she still have to the property even though she has moved out?
As a joint tenant of a council property, the former partner retains certain legal rights, including the right to return to the property, as her name remains on the tenancy agreement. She remains responsible for rent payments and any breaches of the tenancy agreement despite having moved out.
Are there any potential consequences or difficulties in having her name removed from the tenancy?
Removing a name from a council tenancy can present challenges. If the departing party does not consent, legal difficulties may arise since both parties typically need to agree. Her name on the tenancy grants her rights that can complicate the process, including the right to request repairs or influence tenancy decisions.
Would it be beneficial or necessary to have a written agreement regarding her departure and removal from the tenancy?
Yes, having a written agreement regarding the departure and removal from the tenancy can be beneficial. This agreement can serve as evidence of mutual consent and help clarify responsibilities and financial obligations. However, formal removal procedures through the council still need to be followed.
What steps can I take if she refuses to agree to having her name removed from the tenancy?
If the former partner refuses to consent to the name removal, it may be necessary to seek a court order for a transfer of tenancy, as the court can decide tenancy assignment based on various factors. Collecting evidence, such as proof of her current residence, may strengthen the case.
She will sign any documents to say she doesn't live here anymore, but said she can't get off work to take her name off the rent.
If she is willing to sign documents but cannot take time off work, you could ask her to provide a written statement indicating her intention to relinquish her tenancy rights. Some councils may permit remote signing options, so check for any digital processes that could facilitate her participation.
