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Sole to Joint – considerations

  • A Joint contract should not be approved if there is a suspended possession order (SPO) in place in case this voids the order in relation to the contract.
  • Joint contract holders are jointly and severally liable for adhering to all contract conditions
  • One joint contract holder cannot exclude another from occupying the property without a court order.
  • Under a converting secure contract, if one joint contract holder leaves the property, it does not end their right to occupy the property and therefore they can return at any time, unless they provide withdrawal notice. However, under any contract signed form 1st December, if a joint contract holder does not use the property as their only principal home, then steps can be carried out to remove that party from the contract.
  • If one joint contract holder provides notice to withdraw, the remaining contract holder will become the sole contract holder for the account and remain liable for any outstanding breaches of the contract (EG property condition issues) and arrears on the account.
  • Entitlement to housing benefit or universal credit may be affected.
  • Up to four people can be listed as joint contract holders on one occupation contract.
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