How to change from Joint Tenants to Tenants in Common

• Tax reasons - joint tenants share income from property 50/50, however as tenants in common they can have an unequal share to allow for tax structuring. It is important to note though that even as tenants in common, HMRC will assume the beneficial interest is shared equally between the legal owners unless there is a deed of trust confirming otherwise. For more information click here
• Separation - joint tenants who break-up may look to change to tenants in common to better reflect their beneficial interest in the property.

Severance of Joint Tenancy by Mutual Agreement

1
Complete the following sections of the Land Registry Form SEV - Application to enter a Form A restriction on severance of joint tenancy by agreement or notice

• Local authority service the property - state the local authority where you pay your council tax to
• Title number(s) of the property - found on the your deeds (downloadable from the Land Registry)
• Property - the property and any associated land to the one title
• Application and fee - if you are completing the application you can included your a cheque, or if your conveyancer is handling the change of ownership then they will tick "direct debit, under an agreement with Land Registry".
• The applicant(s) - Provide the full name(s) of the person(s) applying to enter the restriction. Where a conveyancer lodges the application, this must be the name(s) of the client(s), not the conveyancer
• Address of the Land Registry - include the address of the Land Registry. HM Land Registry, Citizen Centre, PO Box 74, Gloucester, GL14 9BB
• Evidence of severance - where both parties mutually agree and sign the Form SEV, box A is ticked which states "All registered proprietors of the title number referred to in panel 2 are applying (no further evidence required)"
• Application - the application to change from joint tenants to tenants requires for the following restriction to be applied to the Land Registry Title "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court"
• Signature - all the applicants must sign this section or if your conveyancer is handling the application for you then they will sign here

2
Send the form and supporting documents to HM Land Registry’s Citizen Centre. There is no Land Registry fee to pay if the application is made by mutual consent of the joint tenants.

Severing Joint Tenancy Without Consent

1
Serve a written notice confirming the change on the other Joint Tenant (known as a 'Notice of Severance').

2
Complete the Land Registry Form SEV - Application to enter Form A restriction on severance of joint tenancy by agreement or notice. You can use the SEV with supporting evidence to change the title ownership to tenants in common without the other Joint Tenant's consent. If you don't have supporting evidence then you will need to complete a Form RX1 to register a ‘form A restriction’.

Evidence of severance when there is no consent

• The original or a certified copy of the document is enclosed (letter of severance); or
• the conveyancer certifies they hold the original or a certified copy of the severance document

• The original or certified copy of the notice of severance and a signed acknowledgement of receipt by the other registered proprietors is enclosed.
• The original or certified copy of the notice of severance and my certificate is enclosed, confirming that the notice was given to the other registered proprietor(s), left at their last known place of abode or business in the UK or sent by registered post or recorded delivery service to them at their last known place of abode or business and not returned undelivered.
• I am the applicant’s conveyancer and I certify that I hold the original [or certified copy of] notice of severance with an acknowledgement of receipt signed by the other registered proprietors.
• I am the applicant’s conveyancer and I certify that I hold the original [or certified copy of] notice of severance, and that it was served on the other registered proprietors in accordance with sections 36(2) and 196 of the Law of Property Act 1925.

3
Send the form and supporting documents to HM Land Registry’s Citizen Centre. There is no Land Registry fee to pay if the application is made by mutual consent of the joint tenants.

Do you need help to Change from Joint Tenants to Tenants in Common?

• Basic Deed of Trust to share income from property in unequal shares (needed for Form 17)
• Updating the legal title and registering a restriction
• Handling communications with party who doesn't agree to the changing of ownership