(Protected) Assured Tenancy

Miroslav

I've tried looking on the web for this and can't get an exact answer (it all seems to be if someone dies or someone leaves because of violence, which is not applicable)

Basically, I live in a Maisonette, two bedroom, rented from a housing group.

I am a joint tenant with the other joint tenant responsible for 50% of rent etc.

The other person may be leaving shortly and I have an assured tenancy (landlord called it a protected assured tenancy but i'm assuming they were just stating that an assured tenancy is protected).

As long as I am paying the rent (which will double when joint tenant leaves) and I am behaving myself, am I safe to assume I can carry on living here and they won't try moving me to a smaller property?

2 of my 6 neighbours have similar properties and live alone and have done for some time.

Thanks.

G_M

You need to establish exactly what kind of tenancy you have.

See:
http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

If you have a 'joint and several' tenancy with your joint tenant, he is not responsible for half the rent. He's responsible for all of it. And so are you.

If he leaves (and the tenancy is not changed) he will remain fully responsible. And so will you.

As to what the housing group will do, that depends on the Housing goup.

Miroslav

G_M wrote: »

You need to establish exactly what kind of tenancy you have.

See:
http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

If you have a 'joint and several' tenancy with your joint tenant, he is not responsible for half the rent. Hes responsible for all of it. And so are you.

If he leaves 9and the tenancy is not changed) he will remain fully responsible. And so will you.

As to what the housing group will do, that depends on the Housing goup.

Reading your link, it's an assured tenancy.

I see what you mean. I was looking at it from the fact I pay my rent and my joint tenants is housing benefit, but I understand what you are saying.

When they leave, I will make sure only my name remains on the tenancy.

Their website says (and these are not applicable as no-one has died and we are not partners)


Your right to stay in your home

These are circumstances in which we might seek possession of your home:

A tenant has died leaving other members of the family in occupation and the property is then under-occupied. In this case, we would offer you suitable alternative accommodation.


• Where there are joint tenants living as a married couple or a couple living together as husband and wife, and one partner leaves because of violence or threats of violence by the other towards them or a member of the family, and the court is satisfied that the partner who has left is not likely to return

the rest is here

http://yhg.co.uk/resident-zone/TenancyMatters/YourTenancy.aspx

theartfullodger

Miroslav wrote: »

Reading your link, it's an assured tenancy.....

When did you first move in?? Is it still in the initial (fixed) term or rolling on,month-by-month (periodic)??

Is the tenancy agreement (the thing on paper) headed "Assured Tenancy" or "Assured Shorthold Tenancy"???

EITHER you or the person leaving, if it is periodic, can end the tenancy FOR BOTH OF YOU by giving a valid "Notice to Quit" (i.e. you could be homeless if he does).

Nothing to stop you negotiating to take over the whole tenancy if the housing group & leaving-tenant agree. See page 5 of the "Tenants handbook" on here
http://yhg.co.uk/resident-zone/TenancyMatters/YourTenancy.aspx

However, if one joint tenant is
willing to give up the tenancy,
the departing partner must
have given written notice to
Yarlington. Both partners
will be asked to surrender
their interests in the joint
tenancy and a sole tenancy
will be granted to the partner
who stays in the property -
subject to size and suitability.

Unless the joint tenancy is
formally ended in this way,
both partners would, in
most circumstances, still
be responsible for paying
the rent and fulfilling the
tenancy conditions.

Miroslav

We moved here in August 1994.

I spoke to my landlord today and it's an assured tenancy.

Won't be any issue of me taking over the tenancy when my joint tenant leaves, we are on very good terms. It's all about the landlord and how they play it, but will the type of tenancy change if they are ok with me staying? i.e will it still be an assured tenancy or can they change it?