Transferring tenancies
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If your partner is the sole tenant, you may be able to have the tenancy transferred into your name instead.
What if we agree?
If you and your partner have made a decision about who is going to stay in the property in the long-term, you may need to get the name on the tenancy agreement changed.
If your partner is the sole tenant and they leave, your landlord can evict you unless you can get the tenancy changed into your name.
Tenants can transfer a tenancy in one of two ways, by assignment or through surrender.
Assignment
Assignment is the process of passing a tenancy from one tenant to another.
You may be able to do this if:
- you are not joint tenants
- your tenancy agreement says that the tenancy can be transferred, and
- your landlord agrees to the assignment.
Not all tenancies can be assigned, and some tenancies can only be assigned to certain people - check to see what your tenancy agreement says. A landlord is not normally obliged to give you a new tenancy. It is best not to end a tenancy before getting written agreement from a landlord that they are prepared to give a new tenancy.
Surrender
You can also ask the landlord to give a new tenancy to the partner who is staying, and then surrender (give up) the original tenancy.
If you are granted a new sole tenancy, you will have to cover all the rent and maintenance costs yourself. It is worth drawing up a budget to make sure the costs are affordable. You may be able to get maintenance payments or housing benefit to help with housing costs.
What if we don't agree?
If you and your partner can't agree on who the tenancy should be transferred to, you will have to get the courts to decide. This can be a long and difficult procedure and you are likely to need a solicitor.
The decision a court will make depends on whether you are married or in a civil partnership or cohabiting, and whether you have children. If you need to make an immediate decision about who is going to stay in the home, speak to an adviser about getting an occupation order - use our directory to find one in your area.
