Transfer of Tenancy

The Law on Transfer of Tenancy Orders:

A Transfer of Tenancy Order is used to transfer a joint tenancy held in the names of the Applicant and the Respondent into the sole name of the Applicant and is often used in situations where parties have either divorced or separated and a joint tenancy needs to be transferred.

Usually, a divorced or separated couple will agree to liaise directly with their Landlord or Housing Association to have the joint tenancy transferred into the sole name of the person who is to stay resident within the property. However, in situations where parties cannot agree or one party refuses to complete the required paperwork, an Application for a Transfer of Tenancy Order can be made to transfer of tenancy in question.

An Application for a Transfer of Tenancy Order can be made under either of the following Acts; 1) The Family Law Act 1996, 2) The Married Women’s Property Act 1882 or 3) The Civil Partnership Act 2004 and the Act used will be dependent upon the parties in question.

How to Fund an Application for a Transfer of Tenancy Order:

Legal Aid

On 1st April 2013, access to Public Funding (formerly known as Legal Aid) changed  and the Legal Aid Agency no longer offers Public Funding for many family and matrimonial disputes.

Legal Aid may be available, however, eligibility is subject to very strict criteria and will only be available if the case is regarded as exceptional or there is evidence of domestic violence/risk of harm to a relevant child or children.

Private Funding            

If an Applicant is ineligible for Legal Aid, their Application for a Transfer of Tenancy Order will need to be funded on a private paying basis and work undertaken will be charged on a “time spent” basis meaning that an Applicant will be charged depending on the amount of work undertaken to deal with their specific case.

The Solicitor dealing with the Applicant’s matter will be able to advise the Applicant of the estimated costs of their proceedings based upon the amount of work required in each particular case.

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