If you are already a Council tenant and want to add someone to your tenancy, you will need to apply for a joint tenancy.
You cannot have a joint tenancy with just anyone. You can only usually request a joint tenancy with your spouse or civil partner (on production of the relevant certificate). A co-habiting partner will also be considered if you can show you have lived together for at least 12 months from the date you have informed the Housing Benefits and Council Tax section of this.
We will not add someone to your tenancy if they own or rent a property somewhere else - even if it is privately rented. If we later find out that someone on your tenancy rents or owns another property then we will start legal action and you could both be evicted.
If you are a successor to a tenancy we will not allow the tenancy to be a joint tenancy either at the outset or at any time in the course of the tenancy.
We do not allow joint tenancies to be set up between parent and child, grandparent and grandchild or brother and sister, except where the joint tenancy is granted when the tenancy begins.
The granting of a joint tenancy is always at the discretion of St Albans District Council and will only be granted when it is in the interests of the council to do so.
RENT ARREARS/LEGAL ACTION
We will not normally allow a joint tenancy to be created where there are arrears on the rent account or where legal action has been commenced for other tenancy management problems such as nuisance or non-occupation. If you decide to go ahead and apply for a joint tenancy you need to be aware what a joint tenancy means. It means you share the whole property and neither of you has any greater or lesser right to use any room or facility in the property. Joint tenants are also equally liable for any rent. Any legal action will be taken against both tenants and the Council will recover the whole amount from either tenant.
To apply for a joint tenancy you need to write to your Management Officer giving details of the name and date of birth of the person you want to add to the tenancy. You will also need to provide proof that they have lived at the property for 12 months. This information will be checked against records held by Council Tax, Housing Benefit and Electoral Registration. You will also need to give details of their previous addresses.
If we agree to grant a joint tenancy, then you and your partner will be called into the office for an interview. If the application is refused a letter will be sent explaining why.
ENDING A JOINT TENANCY
We cannot end a joint tenancy and grant a new tenancy in your name if your relationship ends. We will not normally house the departing joint tenant and you will have to agree between yourselves who should get the tenancy.
Both tenants have equal rights to a tenancy and we are unable to make the decision as to who should be granted a tenancy. If you and your partner are unable to agree the decision will have to be made through the Court.
We are unable to give advice to either party in a joint tenancy where they want to transfer the tenancy into one name. This is because staff cannot give advice to one tenant which is against the interests of another.
You do need to be aware that either party can end the tenancy by serving Notice to Quit on the Council. This will end the tenancy for both tenants and a new tenancy may be set up in the name of the person who is planning to stay at the property but this is at the discretion of the Housing Department. You will need to contact your Management Officer to discuss this and you should seek independent advice. We may ask you to consider moving to a smaller property if you no longer need the size of property you currently have. In some cases we may insist that you move to a smaller property before giving you a tenancy in your own name.
If you are considering adding someone onto your tenancy or you want advice about a joint tenancy, you need to get advice about what effect it may have on your rights to your home.