Tenancy Management Policy May 2024

For all applications, the Council offers both sole and joint tenancies to new households moving into a Council home. This is subject to eligibility. It is the household's decision whether to apply for a joint or sole tenancy.

5.1 Sole Tenancy

A sole tenancy is where one member of the household signs the tenancy and is responsible for ensuring the household fulfils the responsibilities set out within the tenancy agreement. This includes paying the rent and ensuring no one in the household is responsible for causing anti-social behaviour. Where there is a breach of tenancy, the sole tenant is accountable, even if a member of their household or guest is responsible.

5.2 Joint Tenancy

A joint tenancy is where both people have the responsibility for meeting the requirements of the tenancy agreement. Both tenants are entitled to stay in the home until the end of the tenancy and both joint tenants will be responsible for all the rent regardless of whether they live in the property or not. The Council will offer this tenancy to a maximum of two people and recognises applications for joint tenancies where two people are married or in a civil partnership or couples who have been cohabiting for at least 12 months.

Joint tenancies will not be offered to siblings or anyone else who may be living in the home. The Council will not grant inter-generational tenancies, for example parent and child, grandparent and child. Joint tenants have equal rights and responsibilities to the tenancy.

Legally, a joint tenant can usually serve a notice to end a joint tenancy even without the knowledge or consent of the other joint tenant. The tenancy will come to an end and both tenants will have to move out, or the Council may issue possession proceedings to evict.

In order to apply for a joint tenancy, you will need to provide proof of marriage or civil partnership or proof of cohabiting for at least 12 months.

5.3 Converting a sole tenancy to a joint tenancy

It is not legally possible for a sole tenant to 'add' a joint tenant to their tenancy. The Council may agree to a surrender of an existing sole tenancy where there has been no succession and a re-grant to the original tenant and a new joint tenant, but it is not obliged to do so.

Requests will be considered on a case-by-case basis in accordance with s.91 of the Housing Act 1985. It is important to seek independent legal advice if you are considering requesting a joint tenancy.

Applications for a sole to joint tenancy will be refused under the following circumstances:

• The household cannot provide proof of marriage or civil partnership, or of joint residency for at least 12 months prior to the application
• There is outstanding action against the household for a breach of tenancy
• There are outstanding rent arrears
• There is a history of tenancy breaches
• The tenancy has been demoted
• The applicant is already named on another tenancy
• The tenancy has already been assigned to the sole tenant
• The tenancy has been succeeded to by the sole tenant
• The applicant is under 18 years of age, unless it can be shown that the joint tenancy is necessary for the minor.

Where applications are accepted a Notice to Quit must be served by the existing tenant and a new joint tenancy with the same level of security as the original tenancy will be granted.

5.4 Converting a joint to sole tenancy

When one tenant in a joint tenancy decides to no longer reside in the property, they may request for the tenancy of the property to be in the sole name of the remaining occupant.

It is not possible for a joint tenancy to be passed on by deed of assignment or deed of release except in the case where it is required by a Court Order. The change can only be made if the Council agree to create a new sole tenancy for the remaining tenant.

A feature of a joint tenancy is that it can be brought to an end by one of the joint tenants, acting unilaterally. There may be circumstances where one joint tenant does this with unfair consequences for the other joint tenant, for example following a relationship breakdown. In such circumstances the Council may agree to grant the other joint tenant a new sole tenancy of the property, or of another vacant property.

A joint tenant may terminate the tenancy by serving a valid notice to quit which will have the effect of ending the tenancy for both.

The Council can either:

• Take possession proceedings against anyone continuing to occupy the property
• Offer a new sole tenancy to the remaining occupier although it is not obliged to do so
• Offer appropriate alternative accommodation.

The Council may refuse requests for a sole tenancy in situations where:

• There has been a previous succession to the tenancy or an assignment to a potential successor.
• There are outstanding rent arrears.
• There is legal action being taken against the property including but not limited to, a notice seeking possession has been served, an injunction is in force, a possession claim has been issued; a suspended possession order is in force (this will not apply where the absent tenant was the sole cause of the breach).
• The house would become overcrowded or under occupied by one or more bedrooms (in this case the households need would be considered in line with the Council's Allocation Policy and an alternative appropriately sized property may be offered).
• The home was specifically adapted for the withdrawing/absent tenant (in this case an alternative home may be offered).
• The person is not eligible for social housing under the Council's Allocations Policy.
• The Council have previously taken enforcement action against the joint tenancy, or they are known to be anti-social or have engaged in criminal conduct.
• The remaining tenant is not able to afford the rent.

Discretion to grant a sole tenancy or to provide alternative accommodation lies with the Tenancy Services Manager in accordance with the Council Allocations Policy and applications will be determined on a case-by-case basis.

Where successful, a Notice to Quit from one of the joint tenants is required to terminate the existing joint tenancy. A replacement sole tenancy will be created for the remaining tenant with the same level of security of tenure as their current tenancy.

5.5 Relationship breakdown

If a tenant is experiencing a relationship breakdown most will need help to sort out what happens to their home and finances when their relationship ends. The law is very complicated, and every case is different. The Council recommends that tenants seek advice from a specialist adviser or solicitor to look into their situation to ensure tenants have considered their rights. Some specialist services are free, but tenants may have to pay:

• Solicitors' charges
• Court fees. Tenants may be eligible for help with these costs - the Gov.uk website has a Legal Aid Checker that can be useful to check eligibility, visit GOV.UK: Check if you can get legal aid (opens new window).

If the relationship ends, the options are likely to be:

• One person staying in the home while the other moves out.
• Both leaving and getting new places.
• Continuing to live together, but as separate households (i.e. not as a couple).

Discussing the issues and negotiating a mutual agreement may avoid a long and costly legal process. Mediation and/or relationship counselling can help but if tenants cannot agree they may have to go to court.

It is possible for a non-tenant occupier to obtain a court order in family or matrimonial proceedings to have a sole tenancy transferred into their name. It is also possible for a court to order that a joint tenancy should be transferred into a sole name. This can be under matrimonial or family law, or under the Children Act 1989. Where the court orders this, the Council will transfer the tenancy as ordered, unless the tenancy has already been brought to an end or will be brought to an end by a notice to terminate which was served before the court order.

Where a joint tenant or occupier is a victim of domestic abuse, the Council will offer advice and assistance and ensure referrals to partner agencies are made including (where appropriate) a Multi-Agency Risk Assessment Conference (MARAC) referral. For further information please refer to our Domestic Abuse Policy.

Upon recommendation from the Police, the Council will complete basic security enhancements such as new locks and installation of security lighting. If appropriate a referral will be made to "The Wiltshire Bobby Van Trust" who offer a free home security service.

Where a joint tenant or occupier is convicted by the courts of a domestic abuse related offence, the Council will encourage victims to serve a notice to quit on the property, ending the existing joint tenancy for both parties. During the notice period the Council will work with the victim to determine whether it is appropriate and safe for them to remain within the property and may:

• Issue a new sole tenancy of the property. If the perpetrator fails to vacate the property, then the Council will commence possession proceedings
• Issue a new sole tenancy of alternative, suitable accommodation
• Assist with the relocation of the victim where needed.