Joint to Single Tenancy

[spinningfish]

Hello there,

 

I am separating from my partner and shall be leaving the property that we jointly rent at present.

 

My partner wishes to continue living here, but when we originally began renting the property, i was the only person earning on the application, as my partner was studying. She will begin a job shortly, but the pay is quite low so she'll be applying for housing and council tax benefit.

 

Are we going to suffer any potential problems with our letting agents in light of the above?

 

Thanks.

[MrShed]

Is your partner named on the tenancy agreement as a tenant? Is this an Assured Shorthold Tenancy? When did you move in, and what was the fixed term?

[spinningfish]

She is named on the agreement although i'd need to dig out the agreement.

 

From memory it was a 12 month contract, starting December 2006, but to date we've never received another one.

[MrShed]

Basically, the tenancy as a whole will end when you leave, and a new tenancy is granted to your partner. Whether they do this explicitly or not is irrelevant, this is the way it will work. The problem comes that they may not want to grant a new tenancy to her, especially as she would almost certainly fail the relevant checks. You need to discuss this with the letting agent.

[jackieandwayne]

Mr Shed, am i right in thinking that this chap can assign his tenancy, (even though it is now periodic by the sound of it) to his partner? (If the agents didn't want her to remain, they could then issue S21 NOSP and get her out that way?) Or, he could terminate the tenancy and that would end it in its entirety (Grady Ruling?). I accept it was an AST, but these rules apply to secure and assured, and i always assumed that AST tenants enjoyed the "assured" bit albeit only for a set period?

 

Don't want to teach you to suck eggs, just want to see if i am right!

[MrShed]

Assignment may be a possibility - but "true" assignment these days is extremely rare.

 

Unsure personally whether a joint tenancy can be assigned to a single tenancy where one of the joint tenants is the new single tenant. I have never dealt with such a case.

 

In any event, there is very little security of tenure in either case, and the letting agent does not have to agree to any such assignment. As such, there is no real benefit to be gained by assignment.

[spinningfish]

So essentially we are at the mercy of the letting agents on this.

 

I could in fact be potentially making my ex partner homeless if i leave.

 

Any advice on the best course me action to take?

[MrShed]

I dont think there is really a "best" course of action. I would suggest you both go to the letting agent and say what you plan to do, and ask whether it will be an issue.

[spinningfish]

thanks very much.

 

Will do!