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1 Comment
During the fixed term, the only way is to have an agreement from all parties to end that tenancy and then create a new one. From what’s described, the husband doesn’t agree (hence the council have told you he still has the right to be there).
However, from 15 July, there will be changes under Renting Homes Act to allow the addition and removal of a contract-holder without ending the contract (although not sure that assists during fixed-term).
Soon, we will be advising you to do a renewal before 15 July on the new style contracts, so you are ready for conversion. In the meantime, if you can get some confirmation from the husband that “there’s no intention to return”, you would be able to make the new contract in the sole name.
Please see here for this guidance