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Joint tenancies

"When a new tenancy begins we will normally offer joint tenancies to all married couples, couples with a registered civil partnership and couples who live together"  Camden Council Tenancy Conditions.

A sole tenant applies using the ‘application form for a joint tenancy’ . There is also an advice sheet they can be offered.  To decide what to do they need to know that:

  • joint tenants are jointly and individually liable to comply with all the tenancy conditions (e.g. if one tenant breaches a condition, they will both be held responsible);
  • if one tenant dies, the other will become the sole tenant by way of survivorship. This will count as a statutory succession. (e.g. if the remaining tenant died, any other family member who had being living in the property could not succeed in law);
  • if one party later wants to move out and give up their interest in the joint tenancy, they will only be able to do this by serving a Notice to Quit, ending the tenancy completely for both joint tenants.

It may be appropriate to suggest that the tenant seeks independent advice before making a decision.

If agreed a new tenancy agreement should be signed by both tenants.  Let HB know if the sole tenant was receiving HB.

Terminate the tenancy on Northgate (using the reason SOLE-JOINT) and create a new joint tenancy.  Make sure the end and start dates are back to back.

Remember to let the parking and lettings team know incase there is a non residential letting.

 

Last updated: 07 December 2021