Married couples and civil partners

This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

If you are married or in a civil partnership and are trying to sort out the long-term rights you have to your rented home, there are a range of solutions open to you, even if you're not a tenant yourself.

I am the sole tenant

If you are the sole tenant then you have the right to stay in the home. However, your spouse or civil partner could try to establish rights to the property as well, and in most cases, if you leave the home, your tenancy will end.

Transferring the tenancy

If you and your partner decide that the person whose name is not on the tenancy agreement should stay in the home, then in some cases tenancies can be assigned to that person, depending on whether the tenancy agreement and the landlord allow for this.

The courts have the power to transfer a tenancy from the sole tenant to the non-tenant if:

you and your partner divorce or dissolve your civil partnership, or
for the good of any children.

In some cases, the court will order compensation to be paid to the partner who leaves the home if they consider that person has lost out financially because of the transfer.

Occupation orders

The other person can also apply for an occupation order to stay in the property in the short-term even if they are not the tenant.

Ending the tenancy

If you want to end the tenancy, you can give notice to your landlord. This notice is often called a 'notice to quit', and has to be made correctly to be valid.

I am a joint tenant

If you are a joint tenant then you have the right to stay in your home. The other joint tenant has the same rights as you to stay in the home. If one joint tenant gives the correct notice to your landlord, the tenancy will end for both of you, so if you think you want to stay in the property it is best to prevent this from happening.

However, if one joint tenant leaves without giving notice, then the tenancy will continue for the remaining tenant, but the remaining tenant will have to continue paying all the rent to prevent the landlord taking action to evict them.

You still may be able to ask the landlord to set up a new tenancy in your sole name - they are more likely to do this if you have a history of paying rent on time – but are under no obligation to do so.

I am neither the sole nor the joint tenant

If you are not a tenant yourself, and your name is not on the tenancy agreement, but you are married or in a registered civil partnership with the person who is the tenant, you could still have rights to the home, particularly if you have a lease that lasts for 7 years or more.

Transferring the tenancy

Your partner may be able to assign the tenancy to you, if you and your partner can agree, and your tenancy agreement says you can.

If you and your partner can't agree who should live in the home, then a court can decide to transfer the tenancy at the same time as divorce or dissolution of a civil partnership. It is crucial not to formally end your relationship if you are planning to transfer your tenancy, as this would end your rights to the home.

Ending the tenancy

If your partner serves a valid notice to quit on the landlord to end the tenancy, or even if you think they will do so, then get advice immediately. Once a valid notice has been served, it is very difficult to obtain any rights to the home.

If you are married or in a civil partnership and your partner is the sole tenant, and they leave without giving notice, you are likely to be able to continue to live in the home for as long as your marriage or civil partnership lasts. However, you will need to pay the whole of the rent or you could risk being evicted.

Divorce

If you divorce or dissolve your civil partnership, then with nearly all tenancies your rights to live in the property will end unless:
• the tenancy has been transferred to you, or
• there are children living with you.

Get advice if you are in this situation.

I rent from the council or housing association

If you rent from a council or housing association, your options will depend on whose name is on the tenancy agreement, and on whether you are divorcing or dissolving your civil partnership. However, if you have one of these tenancies, you are likely to have strong rights which are probably worth hanging on to.

I rent privately

If you rent privately, your options will depend on what type of tenancy you have. Use our tenancy checker to find out if you're not sure.

Most private tenants have an assured shorthold tenancy, which means that you can be evicted fairly easily. It's often not worth the time and money trying to hold on to this tenancy.

Some private tenants will have a tenancy type with much stronger rights - for example, an assured tenancy or a regulated/protected tenancy. You are more likely to have one of these tenancies if you have lived in your property for a long time. Get advice if you think you have one.

I am divorcing/dissolving my civil partnership

If you are married or in a civil partnership, a decision on the long-term rights you have to your home can be made as part of your divorce/dissolution proceedings. In some cases, the court will say that the partner who stays has to pay compensation to the partner who leaves, if they consider that person has lost out financially because of the transfer.

I am not divorcing/dissolving my civil partnership

If you're not planning to divorce or dissolve your civil partnership, you will have fewer legal remedies open to you. This is because the courts have more power under matrimonial and family law (eg if you're divorcing or dissolving your partnership) than they do under housing law.

One important factor is whether there are any children living in the property – the court will normally allow the partner who is responsible for the children to stay.

If you can agree who stays in the property, the tenancy could be assigned, or transferred into the name of the person who is staying in the property. Most tenancies can only be assigned if the tenancy agreement allows for this. Use our advice services directory to find an adviser in your area, who will be able to help you look at your tenancy agreement.

If the tenancy is in both your names, and one partner leaves without giving the landlord notice, then the tenancy will continue for the remaining tenant. However, the remaining tenant will have to pay all the rent, otherwise they risk being evicted.