What is a Joint Tenancy?
A joint tenancy is created, and held, when more than one person is named in the tenancy agreement.
Partners (married, civil partner or unmarried), or single people sharing a home will usually be offered a joint tenancy at the beginning of a tenancy. The Council will not normally create a joint tenancy with anybody other than the partner or spouse of the tenant.
What are my rights and responsibilities as a joint tenant?
- Each tenant is jointly and individually responsible for the tenancy
- Each tenant is responsible for ensuring that the rent and water charges are paid
- If one tenant breaches the tenancy agreement, the other can be held responsible
- Each tenant has equal rights
- Each tenant can apply for Housing Benefit
What if I want to add another person to my tenancy?
What if a joint tenant leaves?
- If you are joint tenants, any one of you can end the tenancy by giving the Council four weeks' notice.
- The Council does not legally have to allow the other joint tenant(s) to stay in the home - it depends on your circumstances and whether the property could be more suitable for another type of household (like a family for instance). We will not ask you to move home without a good reason.
What happens if we suffer a family break-up?
A family break up can be a distressing time. Remember that only a court has the power to force you to move out of your home.
How We Can Help
- Call your housing officer to discuss your situation. The details of your call will be kept completely confidential.
- Get expert advice relevant to your specific circumstances from The Citizens’ Advice Bureau, Relate (Relationship Counselling), a solicitor or the Council's Housing options advisor.
What happens if a member of the household dies?
When a tenant dies, the tenancy will automatically pass to any joint tenant, or it can be taken over by the spouse if he or she is living in the home. This is called succession of tenancy.
If there is no joint tenant, or spouse, the tenancy may be taken over by a member of the family or a person who has been living with the tenant, provided they were living with the tenant at the time of the death and for at least 12 months before. However, in certain circumstances, we have the right to re-house a successor into more suitable accommodation.
The law allows for a tenancy to be passed on only once on the basis of succession, after this no further successions can take place to the tenancy. This means that a successor cannot pass the tenancy on to anybody else.
Can I take in a lodger or sub-let my property?
You have a right to take in lodgers providing the property would not become overcrowded. You must tell the Council in writing before you take in a lodger and when a lodger leaves. You must not sublet the whole of the property.
Housing Tenancy Management
Pembrokeshire County Council
Tel: 01437 764551