Transfer of tenancy - Assignment

penniejane

Hi - I live in a Housing Association, moved in jointly with my husband in 2018.  In January 2019 he left the property.  I had to apply to the courts to ask for transfer of tenancy, paying £245.  The court wanted proof that we had split by means of a Decree Nisi.  I applied for divorce, paying £550 and have since received the Decree Nisi.  I sent the DN to my Housing Association and to the court but the court is saying I need to: 'prepare and file a statement of evidence in support of the application for transfer of tenancy'.  Can anyone advise please?  This is taking such a long time.

greatcrested

What does the HA say? And your ex? Provided your ex agrees to give up his tenancy, the HA should be able to simply assign the tenancy to your sole name. No need for the court unless your ex is refusing to cooperate.

penniejane

Hi Greatcrested - the Housing Association's policy is for an application to the court for transfer.  My ex was in agreement to sign the tenancy over to me.  This whole ordeal has been timely and costly indeed.

HampshireH

PinkPJs said:

Hi Greatcrested - the Housing Association's policy is for an application to the court for transfer.  My ex was in agreement to sign the tenancy over to me.  This whole ordeal has been timely and costly indeed.

Very very odd. Providing you haven't exceeded the number of tenancy changes (usually 1) this is highly unusual and I would consider challenging it.

Your tenancy agreement should give information on changes and what you are allowed

penniejane

HampshireH said:

Very very odd. Providing you haven't exceeded the number of tenancy changes (usually 1) this is highly unusual and I would consider challenging it.
Your tenancy agreement should give information on changes and what you are allowed

My tenancy agreement states:
Assignment - not to assign the tenancy except:
a) pursuant to a Court Order
b) with the Association's prior written permission when exercising a right to exchange

HampshireH

Is there anything separate in there relating to removing 1 person 

greatcrested

PinkPJs said:

My tenancy agreement states:

Assignment - not to assign the tenancy except:
a) pursuant to a Court Order
b) with the Association's prior written permission when exercising a right to exchange

Well why can they not grant written permission as per b) above? What does the TA say about "right to exchange".

And irrespective of that, the HA is the LL so with the consent of LL and both Joint tenants, they can assign if they wish whatever the TA says. I would pursue that option.

Failing that, you will have to " prepare and file a statement of evidence in support of the application " as requested, ie write something to explain what you want to do, why, and following what previous history (divorce etc), and also attach a supporting statement from your ex.

penniejane

Been to the CAB today and have been advised to seek (free at first) legal advice as the statement is likely to be specific in terms of wording.  This is just utterly ridiculous!