Some tenancies are held jointly, usually by two people who are living togeter in the same property. In most cases joint tenancies are held by civil partners, married couples or partners living together.
When you are a joint tenant you both have equal rights to the whole property. The whole tenancy will end if you or your joint tenant ends it.
Creating a joint tenancy
If you are the sole tenant of a council home you can ask us to create a joint tenancy, but there is no legal obligation for us to grant your request. We will consider joint tenancy applications from married couples, civil partners and couples living as partners, including same sex partners.
It is important to understand that a tenancy is a valuable asset to hold and by giving joint rights to another individual this could affect your future housing need should your circumstances change. Being granted a joint tenancy means you are losing the rights of exclusive control over the tenancy and it could affect the rights of other family members e.g. rights of succession of the sole tenant's family member.
Your proposed joint tenant must:
- be able to prove that they have lived at the property for more than 12 months, unless you are married to them or have a civil partnership with them
- be 18 or over
- not already own a property or be a tenant at another address
Ending a joint tenancy
If you wish to end your joint tenancy, we strongly recommend that you seek independent legal advice first. There is a Citizen Advice in Woking Town Center. We are unable to just ‘remove’ tenants from a joint tenancy, this is something that has to be done through the courts and is usually included in divorce and family proceedings.
Alternatively, if one of the joint tenants decides to end the tenancy the whole tenancy will end, and the remaining tenant won't have an automatic right to keep living in the property. If this happens, Woking Borough Council will decide whether they can help the remaining person to find another council home in line with their current allocation policy.
If you remain living in a property after a joint tenant has ended the tenancy, you will no longer be a secure or flexible tenant and will no longer have the rights that go with that tenancy.