How do I go about changing my tenancy agreement with my housing association?

1st May 2018

I have a sole tenancy and wish to change it to joint tenancy with my wife. The housing association say I have to apply through a court to get this changed but I can not find any information on the web regarding this matter?

CATEGORY: Conveyancing & Property

LOCATION: BUCKINGHAMSHIRE

2 answers
  • ISC Lawyers LLP

    I should have said that a declaration of trust will probably not require the consent of the housing association (depending what the lease and other documents say) and will certainly not require lender's consent. Your wife's interest in the trust can be protected by registering what is called a "restriction" at the Land Registry.

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    ISC Lawyers LLP

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  • ISC Lawyers LLP

    Unless there is some special provision in the housing association documents or your lease (which is unlikely in the extreme) there is no reason why you should have to apply to the court. You should be able simply to transfer your interest in the property to yourself and your wife to create a joint tenancy, although I would expect that you would require the consent of the housing association and I would also expect your lease to provide that such consent can't be unreasonably withheld. If the property is in mortgage, you will have to get the lender's consent but this shouldn't be a problem. Another way of bringing about a similar result is for you to make a simple written declaration of trust stating that you hold the property on trust for yourself and your wife as joint tenants "in law and in equity". Whatever way you do it, a liability for stamp duty land tax might arise. Check with the HMRC website.

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    ISC Lawyers LLP

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