Types of Tenancy agreement
As a Mercian tenant you will have one of the following three types of tenancy:
- ASSURED If you first became a tenant with us on or after 15/01/89
- ASSURED SHORTHOLD If you became a tenant with us on or after 15/01/89 and live in a leased property that Mercian does not actually own but manages on behalf of another Landlord
- SECURE Granted before 15/01/89 or after due to succession or a mutual exchange
- Most Mercian tenants have ASSURED tenancies
Whilst each of the above tenancy agreements vary slightly, the main landlord/ tenant responsibilities remain the same.
JOINT AND SOLE TENANCIES
What is a Sole Tenancy?
A sole tenancy is where the tenancy is granted to one person in their sole name.
What is a Joint Tenancy?
A joint tenancy is one where more than one person is named in the tenancy agreement. Each tenant has equal rights and is jointly and severally liable for the tenancy
What does this mean?
This means that each tenant is responsible for all the rent, a breach of tenancy by one is the responsibility of all, and a notice served on or by one applies to all.
When is a joint tenancy best used?
- Married Couples
- Established partners (mixed or same sex)
- Close family members
Changes to Tenancies?
Joint to sole
If You Are Married
Both partners have the right to stay in the home until:
- a Court Order decides that one of the partners must leave
- on divorce, the court decides who must leave the home
If they are joint tenants and one partner gives a Notice to Quit to Mercian, Mercian may then grant a new tenancy to the remaining partner.
Only a court can order the transfer of a tenancy to another name if the parties cannot agree.
With children
The court will normally seek to put the children's interests first and ensure they do not become homeless. The court may favour the tenancy being held by the parent who is given legal care of the children.
Without children
The court will decide based on its assessment of the circumstances.
If You Are Unmarried
Entitlement to stay in the house is based on whether the tenancy is held in one or both partners' names.
Joint Tenants have equal rights to remain in the home but one tenant may terminate the tenancy. Mercian may then grant a new tenancy to the remaining partner.
Single named tenants have the right to request their partner to leave the home, as the partner is legally only a licensee.
A partner has no automatic right to occupy the home if the person whose name is on the tenancy agreement leaves. Partners include same sex couples.
With children
On application to a court, you may get an order to transfer the tenancy. The court will normally seek to put the children's interests first and ensure they do not become homeless. The court may favour the tenancy being held by the partner who is given legal care of the children.
Without children
If you are not the legal tenant, you have few rights but you should still seek legal advice.
Domestic violence
If you are threatened with or are subjected to acts of physical violence from your partner, you should get help. We recommend that you contact the Police and a solicitor for advice.
We can also help and advise you. Ask your Neighbourhood Officer to meet you to discuss your options during a home visit or an appointment at one of our offices.