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Removing A Tenant From A Joint Tenancy Agreement

As joint tenants are under agreement, they all share the same responsibilities and have the same consequences as if they were tenants. If you separated from your partner during your joint lease and you decide that you no longer wish to live together, you should properly end your tenancy. If you are renting from the municipality, housing company or housing co-operative and you have a safe or secure Scottish lease, you should write to your landlord to ask if you can become a tenant. Your landlord must agree, unless they have a very good reason not to. The law doesn`t say what`s a “good reason,” so you may be can appeal if you think your landlord is unfair. In cases of domestic abuse, it is possible to seek advice on the possibility of obtaining a professional order under the Family Law Act 1996. Such an injunction would have the power to exclude the infringed person from the property and, at the same time, an application for the transfer of a rental order may be made under the same law. In case of authorization, the rental agreement would be transferred to the sole name of the victim. You can try to prevent this if you want to stay.

You need to apply for an injunction in court before your ex-partner resigns – this can be complicated, so it`s best to get help from your next citizen council. Your landlord also can`t remove names or force tenants to leave. They can only try to end the lease for all by applying the right evacuation process. However, as long as your landlord knows that the new tenant resides there and accepts the rent, they should have the same rights as a tenant whose name appears on the lease. Tenants must write to the landlord and confirm that they both agree with the rent change. If the landlord agrees to the change in the tenancy, a new lease must be signed. A joint lease is more common among students, friends, or family who move in together, as you`ll likely all move in and leave at the same time. Although a relationship has been broken, this does not mean that the person leaving the property can be removed from the rental. They remain tenants and are responsible for all the rent until the court orders something else. However, in the case of a failed marriage, partnership or cohabitation, the remaining occupant may apply to the court for the joint lease to be transferred to his or her sole name.

If there are children under the age of 18, it may be possible to request the transfer of a joint lease in the name of a parent for the benefit of the children. This may be relevant if the marriage of the parties has failed, but they are not divorcing. Such an application would be made under the Children`s Act 1989. As a co-tenant, you are all jointly and individually responsible for paying the rent. If a tenant moves without notice or does not pay their share, you are responsible for paying it for them. If none of you pay your rent, your landlord can follow any of you and ask you to pay the full amount. In practice, they will probably look for the person who is easiest to find or who has the most money and who pays instead.. . .