When a victim of domestic abuse finds the strength to end an abusive relationship and remains in the rental property that is under a joint tenancy they do not have the safety and security they need. Controlling and coercive behaviour can continue to be perpetrated by the abuser if they refuse to remove themselves from the joint tenancy. While the perpetrator remains on the tenancy agreement, they will have the right to access to the home, leaving the victim at risk.
Equally, if it is the victim of domestic abuse who leaves the property but remains on the tenancy they continue to be jointly and severally liable for rent and any damages to the property. This could cause them to be in debt and to be subjected to further financial abuse and controlling behaviour.
It is therefore important for a victim of domestic abuse to remove the perpetrator of domestic abuse from their tenancy agreement at the earliest opportunity for their own safety and wellbeing.
It may be possible for the victim of domestic abuse to obtain an occupation order, which allows them to remain living in the property and excludes the perpetrator from the property. This can also set out who is to pay the bills for the property and who has use of the furniture. An occupation order will usually be made for a set period of time and once this ends the perpetrator would have access to the family home once more.
How to remove yourself or your ex-partner from the tenancy agreement?
The first step would be to try to obtain signed consent from the other party to provide to the landlord. A housing officer may be able to assist with this, or a solicitor can write to the other party on your behalf to request the signed consent.
If the other party refuses to provide consent, then the next step would be an application to court for a transfer of tenancy. A transfer of tenancy can only be for the home where the parties cohabited.
This can be applied for if the parties are entitled to occupy the home under a tenancy agreement and they cease living together. The application can be made anytime after cohabitants cease to live together, or in the case of married couples after the court has pronounced a decree nisi or decree nullity or judicial separation, or in the case of a civil partnership once the court have made a conditional order for dissolution or nullity or separation order.
The court will consider a number of factors when deciding whether to grant a transfer of tenancy, including:-
- The circumstances in which the tenancy was granted,
- The housing needs of the parties and any relevant children,
- The financial resources of each of the parties,
- The likely effect of an order, or not to make an order on the health, safety and well-being of the parties and any relevant child,
- The suitability of the parties as tenants.
Legal aid may be available for an application for a transfer of tenancy and we will be able to advise further on your individual circumstances.
Please contact our domestic abuse team at one of our offices for further information.