Tenancy changes
As a Council tenant, you have the right to request permission to make changes to who lives in your home and is on the tenancy agreement such as
- Requesting a joint tenancy with someone else who lives in the home with you
- Ensuring a tenancy may be able to pass on to someone who currently lives in the home if you die
- Signing over a tenancy to someone else
What can be agreed is covered by legislation and you must have told the Council that someone was living with you at least twelve months before you can apply to make a tenancy change.
So the Council as the landlord has up to date information, you should complete and return a household form to your housing officer when there is any change to your household.
Making sure household information is up to date is very important as we can only consider any requests for tenancy changes from the date we were notified in writing or via email of someone else moving into your home.
Changing to a sole or joint tenancy
If you want another person to become a joint tenant, both of you must apply in writing to your housing officer.
Proposed joint tenants will need to have lived at the property as their only or principal home for 12 months before you apply for them to become a joint tenant. The 12 month period only starts when we receive written notification from you that the proposed joint tenant is living there, and you wish to apply to add them as a joint tenant.
If you want to change from a joint to a sole tenancy your housing officer will need this in writing from the person leaving to advise that they are terminating their tenancy.
Transfer your tenancy to someone else (Assignation)
In certain circumstances, you may want to transfer your tenancy to someone else, provided the property has been their only or principal home for a period of at least 12 months.
You must apply for permission from your housing officer in writing before you can transfer your tenancy. Any joint tenant, partner or person living with you must also give their written agreement.
By transferring your tenancy to another person, you are giving up your rights under the tenancy. You should think carefully about the implications of this, particularly if you choose to remain in the home, as you will no longer have security and may be at risk in the future of having to move out and potentially becoming homelessness.
You are responsible for the payment of rent until the date the tenancy starts in the new tenant’s name.
Taking over a tenancy following death (Succession)
Following the death of a tenant, a tenancy can be passed on to certain members of their household. This is called ‘succession’ and applies to people registered with the Council as living with the tenant for at least 12 months before the date of death (this includes partners, family members and anyone who moved in to provide care but not spouses or civil partners who can automatically take on the tenancy).
This 12 month qualifying period doesn’t start until we know that someone is living with you so it’s very important that you tell us who’s living in your home. It’s your responsibility to keep us updated as information provided to evidence cannot be backdated.
You must provide this information in writing or via email to your housing officer.