Council Tenants - Joint Tenancies

A joint tenancy is when two or more people sign a tenancy agreement and jointly agree to keep to its conditions.  This is a legal agreement between you, any other joint tenants, and us. It means you and all other tenants are equally responsible for all conditions of the agreement, including paying the rent.

If you want to add a joint tenant to your tenancy agreement, you must apply to us for permission.

Eligibility criteria
If you want to add a joint tenant to your tenancy agreement, they must:
• be at least 16 years old; and
• have lived at the property as their main and only home for the 12 months before you apply for them to become a joint tenant.
The 12 month period does not begin unless we have been told that they were living in the property by filling in our online Census and Equalities Form.

Applying for a joint tenancy
You must apply for permission by filling in an application for a joint tenancy.

We will give you our decision in writing within one month of getting your application. We will not refuse permission without a good reason.  If we refuse permission, we will tell you why and how you can appeal against our decision. If we don’t respond to you within one month, this means we have given our permission for you to pass on your tenancy

Reasons for refusing an application for a joint tenancy include:
• an antisocial behaviour order (ASBO) is in place against you or your proposed tenants;
• your joint tenant was previously evicted for antisocial behaviour;
• the joint tenant has outstanding housing related debt;
• your home would be overcrowded; or
• your home is unsuitable for the joint tenant.

Changing a joint tenancy to a sole tenancy
If you want to end your joint tenancy, you must give four weeks written notice to us and to every joint tenant.  This will not end the tenancy of the other joint tenants.  You can give us notice by filling in a joint tenancy termination form.  You should pay any outstanding debts or arrears before you leave the property.
If a joint tenant dies or moves out of the house without giving notice, your tenancy will not be affected.  You will continue to be responsible for paying the rent.   

You can get more information from our joint tenancies leaflet (PDF) - coming soon.

Contact Us

Housing and Property

housing@moray.gov.uk

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