Where requests are made to add any party as a joint tenant, the council will make all reasonable efforts to assess whether there is coercion and control or any other risk to the tenant from the party wishing to become a joint tenant. The council reserves the right to refuse a joint tenancy request on this basis.
The council will interview victims and alleged perpetrators separately and signpost to further support as necessary.
In situations of domestic abuse between joint tenants, the landlord is unable to remove a person’s name from the tenancy without their consent. This means that housing staff are unable to make a decision to assign the tenancy to either party, although we can offer advice.
In these circumstances the victim can apply for an occupation order or for a court order to transfer the tenancy into their sole name. We encourage the victim to obtain independent legal advice on how best to proceed.
If a victim has a secure tenancy (not a fixed-term tenancy, as both tenants are required to give notice on this type); they will also have the option to serve a notice to quit on the property, which will end the tenancy for both parties. If the perpetrator does not vacate the property, the landlord could decide to begin possession proceedings and may then consider using discretion to grant the victim a sole tenancy at an alternative property or the original property.
In the case of council tenants, the council is likely to begin possession proceedings against a perpetrator. However, this decision will be made on a case-by-case basis based on the level of risk involved and will be made in consultation with the victim and other professionals (such as the Independent Domestic Abuse Advisory Service).
If a victim of domestic abuse loses their secure tenancy as a result of the abuse, the Domestic Abuse Act 2021 requires local authorities to grant another secure tenancy to the victim if they rehouse them. Granting a sole tenancy to the original property will depend on the person’s housing needs and whether it would be considered safe for them to remain there. (Again, these decisions will be made in consultation with the victim and other professionals such as the Independent Domestic Abuse Advisory Service).
The victim should always seek advice and support to be fully informed of their options and to avoid losing their tenancy.
