Tenancy Changes Policy

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This policy has been reviewed by our customers


Version 1.0 January 2026

  1. Scope
  2. Purpose and objectives
  3. Policy statement
  4. Definitions
  5. Policy
  6. Contacting SNG
  7. Complaints
  8. Compliance
  9. Sustainability
  10. Responsibilities
  11. Equality, diversity and inclusion
  12. Related documents
  13. Legislation and regulation
  14. Review

1 - Scope

This policy applies to all customers renting properties owned or managed by Sovereign Network Group (SNG). This includes our General Rented, Housing for Older People, Supported Housing and for applicable tenancies in our Keyworker accommodation.

Statutory rights of succession are governed separately under the Tenancy Succession Policy and relevant legislation and these will take precedence where applicable.

2 - Purpose and objectives

This policy sets out SNG’s approach to requests for tenancy changes, including:

  • converting a sole tenancy to a joint tenancy
  • converting a joint tenancy to a sole tenancy.

The purpose of this policy is to:

  • provide clarity on the types of tenancy changes that may be considered
  • set out the circumstances in which changes may be approved or refused
  • outline the factors SNG will take into account, including evidence requirements and tenancy sustainability.

SNG recognises the importance of ensuring that all parties fully understand the implications of any proposed change. Any agreed change must be lawful, appropriate and support a sustainable tenancy.

This policy will be applied in accordance with relevant legislation, regulatory requirements and good practice.

3 - Policy statement

Requests to change the named tenant(s) on a tenancy may arise in a range of circumstances, including where household arrangements change.

SNG will consider each request on its individual merits, taking into account the circumstances of the household, the potential impact of the change, and any legal or housing management implications.

SNG aims to provide clear, timely, and consistent advice to customers and will apply this policy in a fair, proportionate and transparent way.

This policy sets out when SNG may agree to tenancy changes and the factors that will inform decision-making.

4 - Definitions

Sole tenancy - A sole tenancy is where there is only one tenant’s name on the tenancy agreement, making them responsible for meeting all parts of the agreement, for example rent payments.

Joint tenancy - A tenancy in two names; both tenants hold equal rights and joint responsibility for meeting all parts of the agreement, for example rent payments.

Decant - A decant happens when a tenant must temporarily or permanently move from their home, usually because of necessary repairs, redevelopment, or an emergency like a fire or flood.

Succession - Succession is the legal right to take over a secure or assured tenancy after the tenant dies, in line with the tenancy agreement. Occasionally discretionary successions may be granted, but in such cases, this would create a new tenancy, not a continuation of the old one. A discretionary succession does not create a further right to succession.

Assignment - An assignment is where a tenant voluntarily transfers their tenancy to another person, for example, mutual exchange.

Mutual exchange - A mutual exchange is when two social housing tenants, typically in council or housing association properties, agree to swap homes via assignment.

Property Adjustment Order - A court order detailing how a property/tenancy and, in some cases, arrears should be handled following separation, divorce or child arrangements disputes.

Recourse to public funds - A person’s eligibility to access welfare benefits or social housing

Right to rent - Right to rent is a requirement in England for private/social housing landlords to check that prospective tenants have the legal right to be in the UK before renting a property to them.

Notice to Quit - A notice served by one joint tenant that legally ends the tenancy for all joint tenants.

5 - Policy

5.1. Our approach

SNG will only approve tenancy changes in limited and exceptional circumstances. This is because tenancy changes can alter legal rights, including statutory succession, and may create additional housing management risks.

However, SNG will consider tenancy changes where there is a clear and justifiable reason to do so. This includes:

  • where a change is required as a result of a Court Order or legal obligation
  • where SNG determines that a change is necessary to support or protect a customer, for example, in cases involving domestic abuse or safeguarding concerns
  • other exceptional circumstances where SNG considers that the change is reasonable and appropriate.

In all cases, SNG will assess the potential impact of any proposed change, including whether it would create or extend statutory succession rights. Requests may be refused where the risks outweigh the benefits.

SNG takes a trauma-informed approach, particularly where domestic abuse is disclosed, and we will act in accordance with our safeguarding duties when concerns for adults or children arise.

SNG may refuse a tenancy change if it would:

  • result in statutory overcrowding or breach housing standards
  • undermine enforcement action
  • facilitate fraud or unlawful occupation
  • require SNG to breach legal duties, including immigration law.

SNG will ensure that this approach is applied proportionately and kept under review in light of equality impacts. Staff should explain to customers that our role is to ensure any change is legally compliant, safe and appropriate for the long-term management of the tenancy.

5.2. Conversion of a sole tenancy to a joint tenancy

SNG will only consider requests to convert a sole tenancy into a joint tenancy in line with the approach set out in section 5.1, and only in limited and exceptional circumstances.

This is because creating or expanding a joint tenancy may confer additional statutory succession rights beyond those held by the current tenant.

SNG will normally only consider such requests from married couples and civil partners.

Requests will not normally be approved where the existing tenancy arose through succession or assignment, unless:

  • no additional statutory succession rights would be created; or
  • a Court Order requires the change

Any proposed joint tenant must meet SNG’s eligibility criteria, including:

  • having occupied the property as their only or main home for at least 12 months
  • having a legal Right to Rent (where applicable)
  • having no interest in another residential property
  • having no serious or ongoing tenancy breaches.

The proposed change must not result in overcrowding or under-occupation. SNG will also undertake checks to prevent and detect tenancy fraud before reaching a decision.

Staff should explain that living together, or being part of a household, does not create a right to become a joint tenant. A joint tenancy gives both parties equal legal rights and responsibilities, and all applicants must meet legal and policy requirements.

5.2.1. Arrears position

  • Any existing arrears will become the joint and several liability of both tenants from the date the joint tenancy is created.
  • SNG may pursue either joint tenant, or both, for the full amount of any arrears.
  • The incoming joint tenant must understand that they are accepting shared legal
  • responsibility for any existing tenancy-related debt.
  • SNG may refuse a request to create a joint tenancy where arrears are significant or where the tenancy is not considered sustainable, unless required to proceed by a Court Order.
  • Staff must ensure both parties understand that joint liability applies to:
    • existing arrears
    • future rent
    • any recharges or other tenancy-related debts.

This reflects the legal principle of joint and several liability in joint tenancies.

5.3. Conversion of a joint tenancy to a sole tenancy

SNG will only agree to change a joint tenancy to a sole tenancy in limited and exceptional

circumstances, in line with the approach set out in section 5.1. This will normally be where:

  • both tenants provide written agreement to the change; or
  • a Court Order determines who is entitled to hold the tenancy.

SNG does not take sides in disputes between joint tenants. Where agreement cannot be reached, the matter must be resolved through the courts.

5.3.1. Where the joint tenancy ends

Where a joint tenancy is ended, for example by Notice to Quit or Court Order, there is no automatic right for any remaining occupant to be granted a new tenancy.

Where a Notice to Quit is served by one joint tenant, SNG will notify the other joint tenant and confirm the date on which the tenancy will end. SNG will not accept a Notice to Quit that does not meet the legal requirements for validity.

Any decision to grant a new sole tenancy will be at SNG’s discretion and will take into account:

  • eligibility criteria
  • sustainability of the tenancy
  • safeguarding considerations
  • legal and public law duties.

Any indication that a new tenancy may be granted is subject to assessment and is not guaranteed. SNG will ensure that eligibility checks, including Right to Rent requirements, are applied impartially, consistently and without bias. The available options will be explained to all parties.

5.3.2. Domestic abuse and safeguarding

In cases involving domestic abuse, SNG will take a trauma-informed approach and will prioritise the safety and stability of the survivor:

  • SNG will not require any contact between the survivor and the perpetrator in order to progress a tenancy change
  • A sole tenancy may be granted to a survivor where this is necessary to support their safety, even where this would not normally be approved
  • Arrears will not be used as a barrier to granting a tenancy in these circumstances.

SNG will also take account of safeguarding responsibilities and child welfare considerations in line with relevant legislation.

5.3.3. Legal and immigration considerations

SNG cannot grant a tenancy to any person who does not have a valid Right to Rent.

Where a Court Order directs a change that cannot be implemented due to immigration restrictions, SNG will inform the parties and seek further legal direction.

5.3.4. Arrears position

Under a joint tenancy, all tenants are jointly and severally liable for any arrears.

Where a sole tenancy is granted:

  • the remaining tenant will usually assume full responsibility for any existing arrears, as they were already jointly liable for the full amount
  • from the start of the new tenancy, the sole tenant becomes responsible for all future rent and tenancy-related charges.

SNG will clearly explain these responsibilities before any change is agreed.

SNG may refuse to grant a sole tenancy where arrears are significant and the tenancy is not considered sustainable, unless:

  • there are strong safeguarding considerations; or
  • a Court Order requires otherwise.

In cases involving domestic abuse, arrears will be managed sensitively and proportionately and will not be used as a barrier to supporting a survivor to remain in their home.

5.4. Property Adjustment Orders

A Property Adjustment Order (PAO) is a Court Order setting out how a tenancy should be dealt with following the breakdown of a relationship. These Orders may be made under the Matrimonial Causes Act 1973, the Family Law Act 1996, or the Children Act 1989.

As PAOs are made by the Court, SNG will implement them in accordance with the Order, unless doing so would place SNG in breach of another legal requirement (for example, where the proposed tenant does not have a valid Right to Rent).

A PAO may require:

  • the transfer (assignment) of a tenancy to one party
  • that one party is entitled to remain in the property
  • that occupation rights are granted for a defined period (for example, to support children until a specified age).

Staff may explain to customers that a PAO is a legally binding decision made by the Court to resolve housing arrangements where parties cannot reach agreement. The Court, not SNG, determines who should occupy the property. SNG’s role is to give effect to the Order in line with the law.

5.4.1. Arrears and liability

Responsibility for rent arrears and other tenancy-related liabilities following a tenancy transfer will depend on the legislation under which the Court Order is made and, where relevant, the specific terms of the Order.

  • Under the Matrimonial Causes Act 1973 and Children Act 1989, arrears will normally transfer in line with the legal effect of assignment
  • Under the Family Law Act 1996, the Court may specify how arrears and other liabilities are to be apportioned between the parties Where the Court Order is silent on arrears, SNG will apply the relevant legal framework and ensure that the position is clearly explained to the parties.

5.5. Other tenancy changes

5.5.1. Change of tenant’s name

SNG will update a tenant’s name on the tenancy agreement where formal evidence of a legal name change is provided. This may include a marriage or civil partnership certificate, deed poll, decree absolute or updated official identification.

A change of name does not affect the rights or responsibilities of the tenancy. It is an administrative update to ensure SNG’s records accurately reflect the tenant’s legal identity.

5.5.2. Adding or removing a household member

Tenants must inform SNG of any changes to the people living in their home, including when someone moves in or out. This ensures the property remains suitable for the household, complies with legal and housing standards, and that SNG’s records are accurate.

Where SNG gives permission for a person to join the household, this confirms only that the individual may live in the property. It does not grant any tenancy rights, including rights of succession or any right to remain in the property if the tenancy ends. Legal responsibility for the tenancy remains with the named tenant(s).

The tenant is responsible for ensuring that all household members comply with the terms of the tenancy agreement, including their conduct and behaviour within and around the property.

Where a household member leaves, the tenant must notify SNG so that records can be updated. This is an administrative change only and does not affect the rights or obligations of the tenancy.

Granting permission for a household member does not create a legal relationship between SNG and that individual. Tenancy rights can only arise where provided for by law or by a valid Court Order.

6 - Contacting SNG

Customers can contact us in a variety of ways:

  • Online via our website or customer portal
  • By email
  • By phone
  • Via social media

6.1 Support for customers

We can provide a variety of support for our customers:

  • Via our website, which can:
    • decrease or increase the size of document text
    • adjust the colour of the document
    • summarise the page
    • support audio
    • support translations
  • Via the telephone
    • London and Herts areas: weekdays between 8am and 6pm on 0300 373 3000
    • South and West areas: weekdays between 8am and 6pm on 0300 5000 926
    • Customer Service Advisors can provide a range of information in a number of formats (e.g. translations, audio versions, large print).

Where customers contact us, we will take our time to carefully listen to their needs and to see how we can meet them, as per our Vulnerability and Reasonable Adjustments Policy. Staff involved in tenancy changes decisions will receive appropriate training on vulnerability, reasonable adjustments and policy exceptions, ensuring decisions are proportionate, well-evidenced and consistent with SNG’s Equality Act duties.

7 - Complaints

Any customer who is dissatisfied with how their case has been managed has the right to make a complaint through our formal Complaints process. All complaints will be reviewed impartially, objectively, and in line with our published policies and procedures, to ensure decisions are consistent, fair and transparent.

If the customer remains dissatisfied after completing our Complaints process, they have the right to refer the matter to the Housing Ombudsman Service, which provides independent oversight and can assess whether we have acted fairly, reasonably, and in accordance with our obligations.

8 - Compliance

All staff involved in managing or supporting tenancy changes must read, understand, and comply with this policy.

Understanding will be supported through induction, training, and regular policy updates. Managers are responsible for ensuring that staff apply the policy consistently and for addressing any instances of non-compliance appropriately.

To support effective monitoring, managers will:

  • undertake case reviews to ensure tenancy changes are managed in line with this policy and appropriately recorded
  • review management information relating to tenancy change requests, decisions, and processing times, in particular to identify any disproportionate impact on protected groups, where data is available and as required
  • identify learning from complex or disputed cases to inform training, improve consistency, and strengthen decision-making.

All decisions made under this policy must be clearly recorded, supported by evidence, and capable of withstanding independent scrutiny, including review by the Housing Ombudsman or the courts. Where discretion is applied under this policy, decisions will be reasonable, proportionate, and supported by a clear recorded rationale.

9 - Sustainability

SNG recognise the importance of sustainability in the delivery of its services and decision-making.

In the context of tenancy changes, this includes:

  • supporting sustainable tenancies by ensuring that homes remain suitable for the household
  • promoting stable communities by taking a balanced and consistent approach to tenancy decisions
  • managing risks, including tenancy fraud and inappropriate occupation, to protect housing resources

Through this approach, SNG aims to use its housing stock effectively, support long-term tenancy sustainment, and contribute to positive outcomes for customers and communities.

10 - Responsibilities

Regional Director Localities - Communication, implementation and operational compliance of this policy.

Locality Managers and Customer Specialist Managers - Monitor and review the progression of all tenancy changes cases, ensuring the appropriate decisions and actions are made prior to case closure.

Locality Officers - Manage the progression of tenancy changes cases, ensuring the relevant checks and visits are made prior to a decision being made, keeping the customer/applicant informed at all times.

Customer Specialist Housing - Manage tenancy changes enquiries as part of first point of contact.

Customer Accounts Teams - Arrears management.

11 - Equality, diversity and inclusion

SNG is committed to treating all customers, colleagues, and applicants fairly, with dignity and respect, and without unlawful discrimination.

This policy will be applied consistently and in accordance with the Equality Act 2010. SNG will not discriminate on the basis of any protected characteristic and will take steps to ensure that decisions relating to tenancy changes are fair, proportionate, and evidence based.

SNG is committed to providing inclusive and accessible services. Where required, reasonable adjustments will be made in line with the Vulnerability and Reasonable Adjustments Policy to ensure customers can access services and information in a way that meets their individual needs.

SNG will take concerns about fairness seriously and will use feedback, complaints, and learning to improve how this policy is applied in practice.

12 - Related documents

  • Lettings Policy
  • Tenancy Policy
  • Decants Policy
  • Succession Policy
  • Mutual Exchange Policy
  • Domestic Abuse Policy
  • Complaints Policy

13 - Legislation and regulation

This policy is informed by, and will be applied in accordance with, relevant legislation and regulatory requirements. Key legislation includes:

  • Housing Act 1985 and Housing Act 1988 (including provisions relating to tenancies, succession, and assignment)
  • Family Law Act 1996, Matrimonial Causes Act 1973, and Children Act 1989 (relating to Property Adjustment Orders and occupation rights)
  • Equality Act 2010
  • Immigration Act 2014 and 2016 (Right to Rent requirements)
  • Protection from Eviction Act 1977
  • Domestic Abuse Act 2021
  • Data Protection Act 2018 / UK GDPR.

SNG will also have regard to:

  • relevant case law
  • regulatory standards set by the Regulator of Social Housing
  • safeguarding legislation and statutory guidance

The legislation referenced above is not exhaustive. SNG will comply with all relevant legal and regulatory requirements in the application of this policy.

In line with the Regulator of Social Housing’s Governance and Financial Viability Standard, SNG will take reasonable steps to ensure ongoing compliance. This includes reviewing and updating policies and procedures where necessary.

Where there is any conflict between this policy and current legislation or a Court Order, the legal requirements will take precedence.

14 - Review

This policy will be reviewed every three years or sooner if there are significant changes in the legal or operational landscape.