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England

Liability for rent if one partner is the sole tenant

Liability for rent of a sole tenant or licensee and their former partner where a cohabiting relationship has broken down.

This content applies to England & Wales

Cohabiting sole tenants

The position of the cohabiting sole tenant and the non-tenant cohabitant in relation to liability for rent can be summarised as follows:

  • the tenant remains liable for the rent as long as the tenancy continues

  • the tenant's rent liability is brought to an end if the tenancy is ended with a valid notice to quit and they move out

  • the court can order a transfer of rent liability from one cohabitant to another under family law

  • rent liability is transferred on the voluntary assignment of a tenancy

  • obtaining an occupation order does not make the non-tenant cohabitant liable for rent

However, there are a number of practical issues that need to be addressed:

  • non-tenant cohabitants have no automatic right to pay rent. The landlord can refuse payment, unless an occupation order has been obtained by a non-tenant cohabitant

  • if there is no occupation order and rent is refused, this may lead to arrears, which will give the landlord a right to possession

  • if the landlord accepts rent from the non-tenant cohabitant knowing that the tenant has gone, it may be possible to argue that they have entered into a new contract for a new tenancy with the cohabitant

Cohabiting sole licensees

The position of the cohabiting sole licensee and the non-licensee cohabitant in relation to liability for rent can be summarised as follows:

  • the licensee remains liable for the rent as long as the licence continues

  • the licensee's rent liability is brought to an end if the licence is ended with a valid notice and they move out

  • the court can order a transfer of rent liability from one cohabitant to another under family law

  • obtaining an occupation order does not make the non-licensee cohabitant liable for rent

However, there are a number of practical issues that need to be addressed:

  • non-licensee cohabitants have no automatic right to pay rent. The landlord can refuse payment, unless an occupation order has been obtained by a non-licensee cohabitant

  • if there is no occupation order and rent is refused, this may lead to arrears, which will give the landlord a right to possession

  • if the landlord accepts rent from the non-licensee cohabitant knowing that the licensee has gone, it may be possible to argue that they have entered into a new contract for a new licence with the cohabitant

Last updated: 15 April 2021