If you and your partner have been living together in rented accommodation but have chosen to separate you will need to consider what should happen to your tenancy. Your options depend upon whether you’re unmarried, married or in a civil partnership and whether you rent or have a mortgage. Tenancy solicitors will look at your situation and advise you accordingly.
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.
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
Hepburn Delaney was established in 2013 by Jane Hepburn and Rebecca Delaney who had worked together for several years before deciding to set up a specialist family law practice. Our intention has always been to provide a niche, bespoke service to clients seeking advice on a broad range of family matters and we remain committed to this approach.
What our customers say about us
"Quite frankly you have been brilliant, supportive and kind, most of all very well informed, professional and very clear on the path to take. You supported me every step of the way and achieved the most positive outcome far beyond my expectations and your support during this difficult time was constant. "
"I found Hepburn Delaney to be totally professional, compassionate and very understanding. All the team have been brilliant to deal with. A special thank you to Rebecca Delaney; without her being at the end of the phone when a crisis happened I could not have coped. I would strongly recommend Hepburn Delaney to anyone who needs a solicitor with the personal touch."
"I would like to thank Gemma for her outstanding work on my case. Her expertise and attention to detail were tremendously valuable."
Authorised and regulated by the Solicitors Regulation Authority and contracted with the Legal Aid Agency. Registered Company Number: 8398060 SRA Number: 592448
Registered office: Hepburn Delaney Ltd, 7, The Progression Centre, Mark Road, Hemel Hempstead, HP2 7DW T: 01442 218090
