There is no legal right to a joint tenancy and it is the policy of the Council not to award a joint tenancy unless it is in our interest to do so.
When a joint tenancy is granted this is usually only at the start of a tenancy when an application for housing has been made in joint names.
Where there is a joint tenancy both parties have a “joint and several liability” for the tenancy. This means that both are equally responsible for all the rent and for any breaches of the terms of the tenancy, even if they are not the cause.
Ending a Joint Tenancy
If you have a joint tenancy, the whole tenancy will end if you or another joint tenant ends it.
If one person wants to move out and ends the tenancy, the remaining tenant won’t have an automatic right to keep living in the property.
The Council may allow the remaining partner to have a new tenancy at the property, if they have not broken the terms of the joint tenancy agreement and they would qualify under the Council’s Allocations Policy.
Seek Legal Advice
Housing Staff are unable to give advice to one tenant which is against the interest of the other tenant. Where we do give advice and information it should be given to both parties.
We strongly recommend that you get independent legal advice from a solicitor or Citizens Advice before ending your joint tenancy.