Joint Tenancies. 6.1 A Secure or Flexible (fixed-term) Tenancy can be held by one person or by up to four Joint Tenants all of whom must be qualifying persons. However many Tenants there are, there is still only one Tenancy and the rights and duties relating to the Tenancy apply jointly and severally to all Joint Tenants.
Joint Tenancies. If you have signed this agreement with someone else (e.g. your husband, wife or civil partner) you are a joint tenant. In joint tenancies each tenant is jointly and individually responsible for complying with all of the conditions set out in this agreement. This means that even if one tenant leaves the home the other tenant(s) must still keep to these conditions which include continuing to pay the rent. If one tenant breaks the tenancy agreement, it will affect all of the tenants.
Joint Tenancies. 4. Assignment, Succession, Sub-letting and Lodger
Joint Tenancies. If a group of you are renting a property together and you are all named on the contract, it is likely that you will have what is called a joint tenancy. A joint tenancy means that you are each liable for the whole rent of the premises and for any other obligations under the tenancy. For example: There is a group of four tenants on a joint tenancy for 9 months and one tenant decides to leave in the sixth month because they are fed up that no one else does any cleaning. Each joint tenant was paying an equal share of the rent. In this case, the landlord is entitled to collect the shortfall in rent from any or all of the remaining tenants or their guarantors. These remaining tenants may subsequently be able to recover this money from the missing tenant. In the above circumstances, the best solution is for the leaving tenant to find someone to replace them. More information is available in our self-help guide on leaving a tenancy early. Not all joint tenancies have an equal share of the rent; some rooms may cost more or less depending on the size. If you are unsure about what you are being charged for a room in a shared house compared to the others, please have the contract checked with the Student Advice Centre.
Joint Tenancies. 1.6 If you are joint tenants, the term tenant refers to each of you individually and collectively. This means that you are each responsible for keeping to this agreement. In law, this is known as joint and several liability.
Joint Tenancies. This is a tenancy you share with another person or other people. It means that both or all of you are responsible for keeping to the conditions of the Tenancy Agreement. It also means that you have equal rights to the tenancy and to stay in the property until the tenancy ends. Each joint tenant has the right to occupy the property and have control over who is allowed to enter the property subject to the terms of the Tenancy Agreement. Neither party can be excluded by the other unless they obtain an Occupation Order under the Family Law Act. Each tenant is jointly liable for the tenancy. For example, each tenant is responsible for all of the rent - not just their “share”, a breach of tenancy by one is the responsibility of all. Occupation by one joint tenant is enough to safeguard the security of the tenancy. The departure of one joint tenant will not end the tenancy and the original tenancy will continue. Changes to your Tenancy Agreement The tenancy can only be changed when the tenant(s) and the Council agree to the change. Otherwise only the court has the power to enforce a change of tenancy. If your circumstances change in any way contact your Neighbourhood Officer immediately. Passing on your tenancy - Succession If you are a sole tenant or a joint tenant then in most circumstances, your tenancy can pass on to your spouse, partner or close family member when you die. For this to happen they must have lived with you at your home for at least a year before you die. If the person is between 16 and 18 years of age the young person will be allowed to remain in the property but the Council will act as the legal Trustee and will hold the legal estate until they reach 18 years of age. The young person must have lived with you for at least a year before you die. However the right to succession applies only once. So if the tenancy of the property has already been passed onto you then you can not automatically pass it on if you die or if you decide to leave the property. Passing on your tenancy - Assignment The law allows a tenant to pass their tenancy on to another person using a “Deed of Assignment”. This does not create a new tenancy but passes on the existing tenancy to the “assignee” who steps into the shoes of the outgoing tenant and occupies under the same terms. However it is not possible for a tenant to assign their tenancy to who ever they wish. Assignment is only possible in the following circumstances. You may pass on your tenancy by having a mutual e...
Joint Tenancies. If more than 1 person signs the tenancy agreement, this is called a joint tenancy. Joint tenants have equal rights. We will accept applications for joint tenancies from: • Married couples • Civil partners (same-sex partners) • Partners (including same-sex partners) • Close relatives, including: mother, father, sister, brother, son or daughter (who do not depend on you financially). • Carers
Joint Tenancies. Joint tenancies may be permitted, with the written permission of North and West Housing, where the conditions set out in the ‘Common Selection Scheme’ have been met. A joint tenancy creates equal rights and obligations for each tenant. Where permission is not granted, a reason will be given in writing. See Section 5.0 for further details.
Joint Tenancies. North and West Housing Ltd will allow joint tenancies to be created, only where one of the following requirements has been satisfied: • The current tenant is the husband, wife or civil partner of the proposed joint tenant. • The proposed joint tenant is, at the date of application for approval, a person who would be entitled to succeed in the event of the existing tenant dying at that date. • The proposed joint tenant was part of the current tenant's household when the current tenant was awarded the tenancy by North and West Housing. • The current tenant and the proposed joint tenant have been living together as part of the same household for at least a period of 1 year immediately prior to the date on which North and West Housing’s approval was sought. In certain circumstances, a Designated Officer may decline to approve a joint tenancy under this category if he/she has compelling evidence that the existing tenant is likely to move out of the property in the short-term future.
Joint Tenancies. 3.1 If more than one person is named as the "Tenant", the tenancy shall be deemed to be a joint tenancy. The Landlord is entitled to treat the persons named as the "Tenant" as a group, and the Landlord is not obliged to deal with each person individually (although the Landlord may do so).
