Joint tenancies for council tenants

A joint tenancy means that you and the other tenant have equal responsibilities and rights in your tenancy. This includes paying the rent and keeping the property in good condition. 

If one of you signs a termination form ending the tenancy, the whole tenancy will end, even if the other tenant does not know about the form.

We recommend you take independent legal advice from Citizens Advice South West Surrey, your local law centre or solicitor before getting a joint tenancy.

You may want to add someone who already lives with you.  This may include your husband, wife or civil partner, or someone you live with as if they were your husband, wife or civil partner.

You need to apply for a joint tenancy and get our written permission. 

We can’t always give our tenants a joint tenancy.  We look at each situation individually and there are lots of reasons why we might refuse:

• you have rent arrears 
• your proposed tenant has another tenancy or owns another property
• your proposed tenant has been evicted for antisocial behaviour or rent arrears within the last five years
• your proposed tenant would make your home overcrowded
• your proposed tenant is barred from the housing register
•  your proposed tenant has a record of antisocial behaviour or certain criminal convictions or both.

Other grounds for refusal include:

• your proposed tenant has the right to succeed to the tenancy  if you die (does not include a spouse or partner)
• your proposed joint tenant is a family member from a different generation for example your son or granddaughter
• we have already started legal action against you because you have breached your sole tenancy agreement
• your proposed joint tenant does not have the legal right to live in the UK.

To apply, download, print and complete the Joint Tenancy Application Form

If you can't access the form, you can also ask us to send it by post. Tel: 01483 523054 

A joint tenancy can sometimes become a sole tenancy.

• In some circumstances, one joint tenant can end a joint tenancy and we will then grant a new sole tenancy. However, all joint tenants and us must agree to this plan.
• If the other joint tenant has not lived in the property for over 12 months, you must try your best to contact them, and you must tell us where they are. If neither you nor we can make contact with them, we may accept a termination of tenancy from you (as the remaining tenant) and may grant you a new sole tenancy in line with our allocations policy.
• Through the court system via the Family Law Act 1996 or as part of divorce proceedings under the Matrimonial Law Act in a court of law or as part of proceedings under the Children Act 1989. We cannot change a joint tenancy, nor take sides in any dispute. If your relationship breaks down, we cannot exclude one joint tenant from the tenancy, nor change locks to stop a joint tenant getting in. If the relationship does break down, it is very important that you seek independent legal advice as soon as possible.

To discuss further, get in touch with your Housing Officer on 01483 523054 

If you have any questions, contact your Housing Officer on 01483 523054