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.
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