Severance of Tenancy

[Annna]

Hi, I have heard that this is easy to achieve without the need for a solicitor, is this true and how do you do it?

[tonywiltshire]

It is very easy if you are dealing with an assured shorthold tenancy but only at the end of the fixed term, which must be a minimum of 6 months, if however the tenant refuses to leave a court order is necessary. This type of tenancy was introduced in 1988 to free up a stagnant rental market. If it is straightforward and the correct procedure is followed it could be done without the need for a solicitor, but take care.

[AKMild]

If you are referring to severance of a joint tenancy of a freehold, then it is a simple matter of a letter addressed to your co-tenant saying "I, [name] hereby sever the joint tenancy over the property known as [property], registered title number [title number] with immediate effect. Signed and dated. It should then be acknowledged by the co-tenant and filed at the Land registry. You would then be tenants-in-common, which has implications as regards title passing on death. Best to check with a lawyer, really if you want to be sure.

[Annna]

Thank you AK, I will do this myself.