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Thread: Joint tenancy one tenant gone to prison

  1. #1
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    Joint tenancy one tenant gone to prison

    Hi i split with my ex partner in november due to her alcohol issues and constant abuse both emotionally and physical and i was in the process of coming of the joint tenancy so i can seek housing for myself in the process she has been sent to prison for a section 18 with intent and is currently on remand she is due to give her plea on the 8th of july i have moved back in on the day she got remanded to care for our daughter who is 17 and in full time college im registered disabled with both mental and physical disabilities and in receipt of esa old style and pip am i right to say that unless she gives up her part of the tenancy theres not much i can do obviously i dont want to live here no more neither does my daughter after her actions which we only live 2 minutes away from the victim which she stabbed which is causing friction daily me and my daughter just want a fresh start and exchange elsewhere i have been in touch with the tenancy at the council and they didnt really say much if im honest but surely i have some sort of say after she has gone to jail

    Thanks

  2. #2
    Senior Member nukecad's Avatar
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    As I think I said before, her being on remand does not change anything with regard to the tenancy.

    She has not been sentenced and so is not legally guilty of anything yet, and even being found guilty and sentenced will not change anything with regard to the tenancy, if it is a joint tenancy she will still be a joint tenant even while in prison.

    The landlord (council/Housing Association), cannot remove someone from a joint tenancy, (even if you both want to), the law does not allow them to do that.

    A County Court can change a joint tenancy to a sole tenancy in certain circumstances, but that means going to court which can be a long process.

    One joint tenant can give notice and so end the tenancy for all joint tenants, but that means everyone involved then has no tenancy (so everybody is homeless). It may be possible to get the landlord to grant one tenant a new sole tenancy at the property once the joint tenancy ends, but they don't have to.

    Again-
    You need to talk to a local advisor, who will have contacts with the council to help sort things out.
    Put your postcode in here to find advisors local to you: https://advicelocal.uk/find-an-adviser

    This is not the sort of situation that you can handle yourself, or one that can be handled on an internet forum.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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