Tenancy Solicitors 

What is a Transfer of Tenancy?

In situations where parties have either divorced or separated and a joint tenancy needs to be transferred. The Family Law Act 1996 gives Courts the power to transfer a tenancy. This means that the ownership of a tenancy is transferred from one person or persons to another.

If a tenancy is in the name of one party (a sole tenancy) it can be transferred to the other party’s name. If the tenancy is in both parties’ names (a joint tenancy) it can be transferred into one party’s name.

Provided that the tenancy relates to a property which is or was the family home, the following types of tenancies can be transferred:

Secure tenancies
Flexible tenancies
Introductory tenancies
Assured tenancies
Assured short-hold tenancies
Protected and statutory tenancies under the Rent Act 1977
Agricultural tenancies

When considering an application for a transfer of tenancy, the Court must have an understanding to all the circumstances of the case, including how the tenancy was granted, the housing needs and housing resources of each of you and any children as well as your financial resources. The Court will also consider the likely effect of any Order on each of you and of any children.

What if my Landlord disagrees?

Landlords must be notified when an application is made because the Court must take into account their views in making their decision. However, the Court can still transfer the tenancy even where the landlord objects.

If the Court makes an Order for a Transfer of Tenancy no other legal documents are required. The Order brings about the transfer and the tenancy now ‘vests’ in the new tenant on the date stated in the Court Order. The order will be binding on the landlord, including councils and housing associations.

How can we help you?

Tenancy Solicitors, Hepburn Delaney, understand that a separation can be an emotional time for you and your family. Our sensitive expert team will ensure that you are aware of all the options legally available to you, to make the process as straightforward as possible.

Your case is unique. At Hepburn Delaney we believe it is important that you only pay for the advice that you require. Rather than offering fixed fees which can result in you paying more, we offer competitive hourly rates for advice on financial remedies including Transfers of Tenancy.

At our first meeting we will inform you of the options available to you and the steps you will need to take to transfer a tenancy. We will discuss your costs regularly and give you estimates which are individual to your case.

Alternatively, if you wish to undertake this work yourself, we are happy to advise you on an ad hoc basis at our competitive hourly rates.

We recommend that in the first instance you attend our initial fixed fee appointment when we can discuss your options in full.

You may also wish to try to resolve matters by mediation. We can provide you with the contact details of local mediators upon request.

To contact us, please:

Call us on 01442 218090

Send an email to info@hepburndelaney.co.uk

Click on the link to the right and Contact the Family Team