Partners (married, civil partner or unmarried), or single people sharing a home will usually be offered a joint contract at the beginning of an occupation contract. The Council will not normally create a joint occupation contract with anybody other than the partner or spouse of the contract holder

What are my rights and responsibilities as a joint occupation contract holder?

Each contract holder is jointly and individually responsible for the conditions set out in the occupation contract
Each occupation contract holder is responsible for ensuring that the rent and any other charges are paid
If one contract holder breaches the terms of the occupation contract, the other can be held responsible
Each contract holder has equal rights
Each contract holder can apply for housing element of Universal Credit, Housing Benefit or Council Tax allowances

What if I want to add another person to my Occupation Contract?

If you want to add another person to your contract please contact Housing tenancy management.

What if a joint contract holder leaves?

If you are joint contract holder, either party can withdraw from the contract by completing a ‘Withdrawal Notice’ giving the Council, and the remaining contract holder, 1 months written notice. (forms are available from the Tenancy Management Team)
The council cannot remove a joint contract holders name without their written consent, unless a court order has been obtained, or appropriate legal action taken.

What happens if we suffer a family break-up?

A family break up can be a distressing time. Remember that only a court has the power to force you to move out of your home.

How we can help

Call your housing officer to discuss your situation. The details of your call will be kept completely confidential.
Get expert advice relevant to your specific circumstances from The Citizens’ Advice Bureau, Relate (Relationship Counselling), a solicitor or the Council's Housing options advisor.

What happens if a member of the household dies?

When a Contract Holder dies, the contract will automatically pass to any joint contract holder. If the contract was in a sole name it can be taken over by a spouse. This is called a ‘priority succession right’.

If there is no joint tenant, or spouse, the contract may be taken over by a member of the family or a person who has been living with the contract, provided they were living with the contract holder at the time of the death and for at least 12 months before (evidence may be required), and the original contract holder was not a successor themselves. This is called ‘reserve succession rights’ However, in certain circumstances, we have the right to re-house a successor into more suitable accommodation.

Where there is no automatic right to succession the Council will consider the circumstances of those remaining in the household and will try and assist them in finding alternative accommodation.

The law around succession rights is complex and are defined in Housing Legislation and relevant case law, and Pembrokeshire County Council does not have any discretion in this matter. Please speak to your housing officer if you have any queries regarding succeeding to an occupation contract.

Can I take in a lodger or sub-let my property?

You have a right to take in lodgers providing the property would not become overcrowded. You must tell the Council in writing before you take in a lodger and when a lodger leaves. You must not sublet the whole of the property. Please contact the Tenancy Management Team for advice, and to obtain written consent, prior to taking in a lodger.

Contact information:

Housing Tenancy Management
Pembrokeshire County Council
County Hall
Haverfordwest
Pembrokeshire
SA61 1TP

Tel: 01437 764551
Email: tenancy.management@pembrokeshire.gov.uk

Citizens Advice (opens in a new tab)
Relate (opens in a new tab)

ID: 1662, revised 26/04/2024