Updating or changing tenancy details

A tenant can formally change their name or the name of any household member at any time.

You’ll need to fill in a name change application form.

We will need a copy of one of the following original documents as evidence, as part of our checks to detect and prevent tenancy fraud:

• Marriage or Civil Partnership certificate
• final decree of divorce (Decree Absolute)
• Deed Poll document
• two forms of identification – one of which must be photo ID

You must provide us with all of this information before you and Salix Homes can sign any paperwork.

If you are a joint tenant and one of the other tenants has left the property, contact us so we help you through the process of changing the tenancy from joint to sole.

The tenancy won’t be affected as long as the remaining tenant pays the rent and abides by their tenancy agreement. Anybody who is a joint tenant and leaves their property may face difficulty in securing alternate accommodation while they remain a joint tenant on a property through Salix Homes.

The tenancy agreement is a legally binding contract between both tenants and Salix Homes. We have no obligation to re-grant a sole tenancy, and this request can be refused if:

• the property is provided to meet specific needs and the proposed sole tenant does not have the required needs
• money is owed to Salix Homes by the current tenants
• the current tenants have a Notice of Seeking Possession issued against them
• the current tenants are subject to a court order for any breach of tenancy
• reports of anti-social behaviour against the current tenants have been received within the previous 12 months
• a new sole tenancy would result in the property becoming under occupied by more than 1 bedroom, which the remaining tenant cannot show they could afford
• the proposed sole tenant owns property elsewhere
• there has already been a change of tenancy, other than an assignment through a mutual exchange

Changes around a tenancy can be complex, so it’s important you speak to us as soon as possible for advice and guidance.

The current tenant must make the request themselves, and will need to fill in an application to change a sole tenancy to a joint tenancy.

Salix Homes has no obligation to re-grant a joint tenancy, and this request can be refused if:

• the proposed joint tenant would not qualify as a successor to the sole tenant in the event of their death
• the property is provided to meet specific needs and the proposed joint tenant does not have the required needs
• the proposed joint tenant cannot provide satisfactory evidence of 12 months’ residency
• money is owed to Salix Homes by the current tenant
• the current tenant has a Notice of Seeking Possession issued against them
• the current tenant is subject to a court order for any breach of tenancy
• reports of anti-social behaviour against the current tenant have been received within the previous 12 months
• a new joint tenancy would result in the property becoming overcrowded
• a new joint tenancy would result in the property becoming under occupied by more than 1 bedroom, which the tenant cannot show they could afford
• the proposed joint tenant already has a tenancy or owns property
• the proposed joint tenant would not occupy the property as their only or principal home
• there has already been a change of tenancy, other than an assignment through a mutual exchange
• the proposed joint tenant is under 18 years of age

Salix Homes can only offer limited information and advice to tenants about changing a tenancy into a joint tenancy. You should seek your own independent legal advice.

Before any paperwork is signed, we must receive proof of identification from all parties involved. We will require two forms of identification, one of which must be photographic ID, as part of our checks to detect and prevent tenancy fraud.

Tenants can update the details of who is in their household at any time through MySalix. Select your profile, then ‘Household members’.

You can add a:

• household member – a parent or grandparent; a child including adopted or step children, grandchildren; siblings and half siblings; uncle, aunt, nephew, niece; wife, husband, civil partner, unmarried or unregistered partner; a carer
• lodger – a lodger is a person not included in the definition of ‘household’, who rents a room in their landlord’s home. They may receive some services from the landlord, such as meals, laundry or cleaning.
• sub-tenant – a sub-tenant is a person not included in the definition of ‘household’, who has the use of a private room in the property

It is important before applying to take in a household member, lodger or sub-tenant that you check with The Department of Work and Pensions what difference this will have on your benefits.

In some instances, Salix Homes may refuse to approve applications to add a household member, lodger or sub-tenant if:

• any person other than dependent children do not meet the age restriction at the property, in line with the local lettings policy
• the property would become overcrowded under the definition of ‘Statutory Overcrowding’ in the Housing Act 1985. This does not include dependent children.

Salix Homes will hold tenants responsible for the actions or behaviour of any household members, lodgers or sub-tenants who breach the responsibilities outlined in the tenancy agreement.

Assignment

Assignment is the legal term used when a tenant wishes to pass their tenancy over to a person that would be eligible to be a potential successor.

Once an assignment has taken place, all the rights and responsibilities of the tenancy are passed from the original tenant to the new tenant.

Only certain tenants can assign their tenancy, so you need to check with us if you are eligible.

You can also only assign a tenancy to certain people:

• a spouse or civil partner, as long as they are living with you
• another member of your family, including – a cohabiting partner, children, parents, siblings and most other close relatives. The person you want to assign the tenancy to must have been living with you for at least one year.

You can only assign your tenancy with permission from Salix Homes. An Assignment is a legal process, and all parties need to agree to the assignment.

Succession

When a tenant dies, the tenancy does not automatically end. A tenancy can legally be passed on to the spouse or civil partner of a tenant and, in some cases, another family member. This process is called ‘succession’.

If someone succeeds to a tenancy, they will have the same type of tenancy as the person who died.

If your tenancy is joint and one of the joint tenants dies, the surviving joint tenant will automatically take over the tenancy by succession.

Salix Homes needs to know when a tenant passes away, so we can update our records.

Anyone living at a property following the death of a tenant needs to contact us as soon as possible. Once a succession has happened there can be no further right of succession by any other person.