After a year of separation, I still do not know of my husbands whereabouts. He has changed his mobile number, work e-mail address, private e-mail. I have things that I need to sort out (we are joint tenants in rented property). I sent him an e-mail at work asking him to write a letter to the council asking for his name to be taken off the tenancy and put into my name solely. Even that came back un-delivered so I know he has changed it. I want to move after Christmas but cannot do this without the letter from him. I am also in credit with the rent, but cannot request it purely because of the joint tenancy. I asked him to sign a letter 6 weeks ago (through a family member) and he still hasn''t done it. If he has no intentions of coming back, then why is he being so difficult? I want to move on, but he is not letting me.
My background is in social housing. You will usually need a court order to have the tenancy changed to your sole name
The landlord will be unwilling to do so without,in case your ex pops up again and they would be seen to have made him homeless and might end up having to give him a new tenancy elsewhere.
The council would almost certainly not accept a letter from him in any case,he would need to attend the offices personally with identification and sign a deed of assignment to you to remove himself from the tenancy,at which point he would be given advice about making himself intentionally homeless.
You will need evidence to show what effort you have made to contact him,and if you can do that,the judge will give you the order which ou can then take to the council.
Hello and thank you for your reply. I spoke to the Housing Manager at the council and she said he would have to write in to have his name taken off. I did speak to an officer some months ago and was told it would have to be done by the courts. When I mentioned this, I was told I had been given the wrong information and a letter would suffice from both of us for me to be the sole tenant. I am even more confused now. The council know that he has not been living here since Nov ''14 and I know he is renting privately somewhere. I also know he would not want the responsibility if the rent was not paid for any reason on this property.
I think the first advice you were given was correct and proper housing management advice.
A letter could be written by anyone and could be subject to challenge later on.
Even if the council know he is not living there,they do not have the legal right to end his tenancy.
Suggest you ask for a senior manager to write and confirm,however,if you cannot contact your ex to write the letter in an case then court will be our only route good luck