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I need more information about Transfer of Tenancy

Tenancy Solicitors Hemel Hempstead

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:

originalblue Secure tenancies

originalblue Flexible tenancies

originalblue Introductory tenancies

originalblue Assured tenancies

originalblueAssured short-hold tenancies

originalblue Protected and statutory tenancies under the Rent Act 1977

originalblue 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?

Our Tenancy Solicitors in Hemel Hempstead 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:

originalblue Call us on 01442 218090

originalblue Send an email to info@hepburndelaney.co.uk

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

The Advice

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:

originalblue Secure tenancies

originalblue Flexible tenancies

originalblue Introductory tenancies

originalblue Assured tenancies

originalblueAssured short-hold tenancies

originalblue Protected and statutory tenancies under the Rent Act 1977

originalblue 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.

The Costs

How can we help you?

Our Tenancy Solicitors in Hemel Hempstead 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.

The Next Steps

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:

originalblue Call us on 01442 218090

originalblue Send an email to info@hepburndelaney.co.uk

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