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:
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.