Q&As
Can a local authority be compelled to either transfer a secure joint tenancy of a council property to one of the joint tenants, or grant a new secure tenancy of a council property to one of the joint tenants if both joint tenants agree to this, but the local authority is opposing, or is the local authority only obliged to grant a non-secured tenancy to the remaining joint tenant?
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Published on: 22 June 2016
Generally speaking, a Local authority cannot be compelled to either (i) transfer a secure Joint tenancy to one of the joint tenants or (ii) grant a new Secure tenancy to one of the joint tenants. Joint tenants of a secure tenancy can however, if the relevant criteria are met, (i) seek a court order to this effect as part of matrimonial or family law proceedings, or (ii) agree to an assignment of the joint tenancy to a sole tenancy by way of succession.
How to transfer a secure tenancy
Section 91(3) of the Housing Act 1985 (HA 1985) provides that a secure tenancy can only be assigned in four
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Local authority definition
What does Local authority mean?
The County, Unitary or london borough Council for a defined area.
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