Joint private tenancies and relationship breakdown
This page is for private tenants.
We have different advice if you're a council or housing association tenant.
You have a joint tenancy if you're both named as tenants on the agreement.
You might have to share the home while you decide what to do.
Check your:
If you've experienced domestic abuse
You should not have to share a home.
Get free legal advice from a family law specialist.
Joint tenancy rights and responsibilities
Joint tenants have the same:
rights to live in or return to the home
responsibility for rent, even if one of you moves out
Talk to your ex about the tenancy if you can
You could decide together to:
end the joint tenancy for both of you
keep the joint tenancy but one of you moves out
ask your landlord for a tenancy in one person's name
You need to talk to your landlord even if you and your ex agree what to do.
Family mediation
Some people use family mediation when they split up.
It can help you agree who lives in the family home and where your children stay.
Many couples come to an agreement without going to court.
It's not relationship counselling.
Family mediation is free if you have a low income and can get legal aid.
It's much cheaper than going to court if you cannot get legal aid.
Find out more from the Family Mediation Council.
Ending the tenancy
You do not need your ex's agreement to end the tenancy.
But discuss it with your ex if you can. This is because the tenancy will end for both of you.
Your landlord could evict anyone still living in the property.
Find out how to end your tenancy.
What happens if one joint tenant moves out
The joint tenancy continues if no one takes steps to end it.
Your landlord cannot just take someone's name off the agreement.
You're both still responsible for the rent and any arrears.
But the landlord is likely to ask the person who still lives there for the whole rent.
If you stay and your ex moves out
There is a risk that your ex could:
end the tenancy while you still live there
want to move back in at a later date
stop paying rent
Your ex could end the tenancy without your agreement.
If this happens, the landlord could evict you by changing the locks when you're out.
If you leave but are still a joint tenant
Your ex could build up rent arrears that you are still responsible for.
Your landlord could:
go to court to get you to pay the money back
evict your ex
Video: What if one joint tenant leaves and stops paying rent?
Video transcript
You and your ex are joint tenants if you’re both named on the tenancy agreement.
The tenancy stays joint even if your ex moves out.
They cannot just take their name off the tenancy.
But the landlord can ask you to pay the whole rent.
Explain to your landlord what has happened.
Get benefits advice.
You might get benefits to help with rent, even if you’re working or if you could not get them when you and your ex were living together.
Most working age people can get universal credit.
Tell universal credit that your ex has left and you need help with the whole rent.
You can report this in your online account if you already get benefits.
You can also apply for a discretionary housing payment if your benefits do not cover the whole rent amount.
You have to apply at your local council for this.
Our adviser explains what could happen and what your options are if a joint tenant leaves and stops paying rent.
[Video length: 48 seconds]
Benefits to help with rent
Report the change to universal credit if you claim as a couple and:
your ex moves out
you separate but continue to live in the same home for a time
Report the change to the council if you get housing benefit.
If you do not get benefits, check if you could get:
universal credit if you're working age
housing benefit if you're pension age
Your benefits should be worked out based on your full rent if your ex is not paying rent.
Ask for a tenancy in your name
Your landlord might give you a new tenancy.
If your ex agrees that you should stay while they move out, you could contact your landlord together.
Income and credit checks
If you will pay the rent on your own, your landlord might:
ask for a guarantor
want to do affordability checks
Remind them that they already know you as a tenant and that you've always been reliable.
Some landlords are understanding if a relationship breaks down.
Find out more about income and credit checks.
Read the new tenancy agreement before you sign
Compare the new tenancy agreement to your old agreement.
Check that it gives you the same or similar rights.
Find out what to look for in your tenancy agreement.
Getting your tenancy deposit back
You may not get your money back straight away if you move out. It depends on if the joint tenancy ends.
The deposit is usually paid to the person listed as the 'lead tenant' with the deposit scheme.
You can ask the landlord or your ex to give you your share. They do not have to agree even if you move out.
Last updated: 1 May 2026
