Your tenancy agreement is a contract between you and us and it records information such as your name, the date you became our tenant and the rent. There are a number of ways that changes to your tenancy can be made and these are set out below.
Change of name
You may need to apply for a change of name on your tenancy agreement, for example, if you get married. You will need to let us know in writing if you want the name on your tenancy to be change. You can choose to fill in the on-line form or the downloadable form and you will have to supply relevant documentation.
Joint tenancies are usually created when two or more adults apply for housing together. Each joint tenant will then be jointly and individually responsible for keeping to the conditions of the tenancy agreement. This means that if one tenant breaks a tenancy condition, the other can also be held responsible. While your name is on the tenancy agreement, you are responsible for all the tenancy conditions - including paying the rent - even if you no longer live at that address.
If the tenancy is in your name only, you can ask for your partner to become a joint tenant although, if you are not married, you will have to show that you have been together for at least 12 months.
If you are a joint tenant and your relationship ends, we will only be able to create a tenancy in the name of one partner if both of you agree to this, or if the court orders that your home should be transferred as part of a divorce settlement. If you wish to apply for a joint tenancy, please write to us with your request, use the downloadable form or fill in the on-line form.
The right of assignment
In some circumstances and if you are a secure tenant only, you have the right to transfer your tenancy to someone else by assignment, as long as you get our written permission first.
We will agree to this if:
- a court has ordered you to give your tenancy to your husband, wife or cohabitant (person you live with as if you are married);
- you are exercising your right to exchange; or
- you want to assign your tenancy to someone who would have the right to succeed to it if you died.
We can refuse to allow an assignment of your tenancy if it would be unreasonable; for example, if it would mean that your home would be under- or over-occupied.
The right of succession
If you die, your tenancy may pass to your husband, wife, cohabitee / partner or civil partner, as long as they were living with you at the time of your death. This is called succession. If you don't have a husband, wife, cohabitee / partner or civil partner or if you do not want the tenancy to pass to them, it can pass to a relative as long as they had been living with you continuously for 12 months or more immediately before your death.
If the tenancy is a joint tenancy, any other tenant(s) still living in the property after you die have a right to succeed to the tenancy. However, the law states that a tenancy can only be transferred once in this way so if you have inherited your tenancy, you cannot pass on the tenancy to a relative following your death.
If you are a relative or next of kin of a council tenant who has died and you need advice about what to do with the property, please call Housing Allocations on 01255 686466 for advice and assistance