Where you submit a request to remove a joint tenant from a joint tenancy you may be able to do this by assignment if you are both in agreement; or you will have to provide an original copy of a Property Adjustment Order relating to one of the following:
- Matrimonial Causes Act 1973 – Award of a property transfer order on relationship breakdown
- Family Law 1996 – Award of a property transfer order on relationship breakdown where the parties are not married
- Children Act 1989 – Property Transfer Order for the benefit of a child of unmarried parents
- Civil Partnership Act 2004 (schedule 5 part 2) – Award of a property adjustment order following dissolution, nullity or separation.
An assignment is when one tenant legally passes their tenancy on to another person. There are a limited number of circumstances in which tenants are able to assign their tenancy. The rights of a tenant to assign their tenancy may differ depending on the terms and conditions of their tenancy agreement, however generally these are:
- by court order
- by way of mutual exchange and;
- to a person eligible to succeed (for more information on succession see below).
A succession can happen following the death of a tenant. If you are not the tenant’s spouse, civil partner or partner you will need to provide proof that you have lived at the late tenant’s home for at least 12 months (see below).
Where a tenant dies, our policy is to grant rights of succession to other occupiers in accordance with current legislation and the terms and conditions of individual tenancy agreements.
In most cases, the tenant’s spouse, civil partner or partner will have a legal right to succeed a tenancy.
We may also consider offering a new tenancy to an adult member of the family even if they have no legal right of succession. The family member must provide evidence that they:
- are a member of the tenant's household
- have lived with the tenant for a minimum of 12 months prior to the death of the tenant (for which we would require proof of residency in the form of any of the following: council tax statement, bank statements, electoral register, payslips, utility bills, any documents sent from government agencies eg benefits, tax returns)
- have lived in the tenant’s home as their only or principle home at the time of the tenant’s death.
Please note that for most tenancies, there is only ONE right of succession to a spouse, civil partner, partner or family member and no further right to succeed to the tenancy will be granted.
Sole to joint tenancy
Please note that it is the policy of the Hyde Group not to add a joint tenant and to create a new joint tenancy. Therefore any request, where approved, will recognise your spouse or partner as such adding them as an occupant only. This will indicate on our records they have primary succession rights.
To add your spouse or partner as an occupant please complete the update household details form.