Monday, 26 January 2015

Joint Tenancy Swap Advice Please

Posted in: Need to Know | Ask the Experts

30/08/2011 2:08 pm

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Chris

Chris

Location: Progressive Solutions Required
Posts: 379

30/08/2011 2:19 pm

Hi Mark - correct your error in not informing the landlord of your change in circimstances without delay. Ask your former partner to do the same, and give their forwarding contact details to the landlord so that the tenancy can be properly assigned with all interested tenants consenting.

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Abimbola  Badejo

Abimbola Badejo

Posts: 120

02/09/2011 5:16 pm

The law on this issue is actually on your side. As a matter of law only one joint tenants needs to reside at the premises for the tenancy to remain secure so the fact that you did not inform your landlord for whatever reason does not affect the status of the tenancy and it is not a ground for possession either unless your tenancy agreement requires you to make such a disclosure.

For the swap to  go through, I think that your ex-partner would have to join in but in the event that she is unwilling to do so, (I suspect she would not want to) you can agree with the council that you will serve a notice to quit terminating the joint tenancy on condition that they grant you a sole tenancy of the premises. You can thereafter proceed with the mutual exchange. If for any reason the council do not agree then under no circumstances should you serve a notice terminating the joint tenancy as the council would in those circumstances be entitled to possession of the premises.

I really think that the council will welcome your attempts to help them remove one family from the waiting list by your proposed exchange so you are probably worrying about nothing.

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mark thomas

mark thomas

Posts: 2

06/09/2011 2:07 pm

Thank you so much for taking the time to reply to my question.

My ex-wife and I are on very good terms and I'm sure she would be happy to help me out.

You're replies have really helped.

Many thanks.

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