HA/ joint tenancy / mutual exchange help needed

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HA/ joint tenancy / mutual exchange help needed

Postby ruby01 » Mon Nov 24, 2014 2:56 pm

hello,
Im looking at doing a mutual exchange with a friend of mine.This should have been fairly straight forward .However, my friends wife left their property a few years ago and now lives at the other end of the country.The HA are insisting that she goes into their offices ( 300 miles away from where she lives ) to remove her name from the tenancy. She has asked if there is an alternative and was originally told she could do it by post.The HA have now decided she must travel here to remove her name .Surely this seems a bit over the top ? weve both had problems with the HA man in the past and feel hes saying this out of spite, he does have a reputation as a bully


any advice ?
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Re: HA/ joint tenancy / mutual exchange help needed

Postby ukmicky » Tue Nov 25, 2014 4:49 am

It doesn't seem over the top.

They have to protect the rights of all the named parties on the tenancy agreement.

They have to be sure the person telling them to remove their name is the actual person who is named on the tenancy agreement. Imagine the legal implications if a year later someone came along and said where is my flat ,I didn't give it up, I just moved out for a while because me and my partner were going through difficulties.

Maybe they will accept notice via her solicitor. Ask them
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: HA/ joint tenancy / mutual exchange help needed

Postby mr sheen » Tue Nov 25, 2014 8:56 am

HA's have a duty to protect the rights of tenants. What you are suggesting opens floodgates for individuals to be able to say they are a tenant from 300 miles away and they want to be removed....this would mean that tenants would be able to remove joint tenants after a row or before divorce settlements or to get them out illegally whilst they may be away on holiday.
The HA has to be fully satisfied that the person to whom they have a duty, their tenant, is who they say they are and that they are, of their own free will, wishing to make a change to their tenancy.
See if HA will accept a solicitor doing checks and confirming details -solicitors often charge a set fee for this type of service.

There may also be issues around bonds and security deposits etc so the wife may require legal advice about her rights. The HA may insist she seeks legal advice before surrendering her tenancy.
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Re: HA/ joint tenancy / mutual exchange help needed

Postby ruby01 » Tue Nov 25, 2014 9:12 am

totally understand where youre coming from but they wont accept any other option, shes written to them offering to send copies of ID etc. I found a bit of info last night where a father removed his name by email, so this just seems over the top. I also dont understand why a joint tenant would have any rights when they havent set foot in the property for many years.

oh well, will see how it pans out , thankyou
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Re: HA/ joint tenancy / mutual exchange help needed

Postby mr sheen » Tue Nov 25, 2014 9:41 am

Tenants have rights if they are on the lease and the rent has been paid.
Some (wealthy) tenants rent second/ third houses and hardly ever/never use them but they have their reasons for renting them and pay the rent, I'd like to see the bombardment of legal claims the landlord gets if he claims they don't have rights because they haven't set foot in the house for a long time.
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Re: HA/ joint tenancy / mutual exchange help needed

Postby evca » Fri May 06, 2016 11:14 pm

It is not possible to 'remove' a joint tenant from a tenancy. What could happen is a surrender of the tenancy and a grant of a new tenancy to you. But there are certain risks involved. If you and your ex surrender without a written undertaking that a new sole tenancy will be granted, you could end up high and dry with nowhere to go. HA cannot bully a joint tenant into agreeing to a surrender. If you ex is happy to remain a joint tenant despite the joint (and several) rental liability the only option may be a court order.
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