Relationship breakdown in a tenancy
Rights and options of occupiers after a relationship breaks down in private or social rented accommodation.
Tenancy rights after a relationship breakdown
An occupier's right to remain in a rented property following a relationship breakdown depends on whether they are a tenant. Someone who lives with a tenant but is not a tenant does not normally have a right to stay in the property if the tenant asks them to leave.
People who are not tenants but are married or in a civil partnership with a tenant have some additional housing rights.
Joint tenants have an automatic right to live in the property. A joint tenant cannot exclude another joint tenant without a court order.
A tenant is liable for rent whether they live in the property or not.
Homeless applications
A local authority does not normally consider a tenant homeless or threatened with homelessness following a relationship breakdown unless there has been abuse or a court has ordered them to leave.
Find out more about when someone is homeless or threatened with homelessness.
Joint tenancy rights
A joint tenancy is where there is more than one tenant. Where there is a written tenancy, all joint tenants are named on the agreement. Tenants are jointly and severally liable for tenancy obligations, including rent payments.
Find out more about joint tenancies.
One joint tenant asks the other to leave
One joint tenant cannot exclude the other from the property without a court order. Each tenant has the right to occupy the entire property until the tenancy ends, or until the tenancy is transferred.
One joint tenant moves out
One joint tenant might leave the property without ending the tenancy first. A tenancy is a contractual agreement and does not end when a tenant moves out. The tenant who leaves the property stays on the tenancy, is liable for the rent, and can move back in.
As both tenants are jointly and severally liable, the remaining tenant is liable for the full rent. The landlord might start possession action if they accrue rent arrears. Find out more about rent arrears possession.
Find out more about options when a joint tenant leaves.
One joint tenant can end a periodic tenancy
One joint tenant can end a periodic tenancy by serving a valid notice to quit. They do not have to tell the other tenant.[1] The tenancy ends when the notice to quit expires and the landlord can evict any remaining occupiers, who are classed as trespassers.[2]
Find out more about a tenant's notice to quit.
The tenant who wants to stay in the property might be able to apply for a court order to prevent the other tenant from ending the tenancy. They should seek family law advice.
The landlord could agree to issue a new tenancy to the remaining tenant. Social landlords might have a policy outlining their approach in these situations.
Ending a fixed term joint tenancy
Most private tenancies start with an initial fixed term period, such as six months. A notice to quit does not end the tenancy if a tenant serves it during the fixed term. If all joint tenants leave on the last day of a fixed term without giving notice this ends the tenancy.[3]
A break clause can only be used if all joint tenants agree, unless a written term allows for any of the tenants to use the clause.
Sole tenancy rights as a married or civil partner
Where one person is a sole tenant, their married or civil partner has a right to live in the family home even if they are not on the tenancy or did not pay any rent. A married or civil partner can get a court order to regain entry if they have left. These are called home rights.
Where the married or civil partner has home rights, neither member of the couple can exclude the other from the property without a court order.
Who has home rights
A person has home rights for a property they lived in with their married or civil partner, or a property they planned to live in together even if they did not move in.[4]
Home rights continue until the marriage or civil partnership ends. Home rights no longer apply after a tenancy ends. A family court can extend home rights or decide that one of the partners cannot live in the property.
If the sole tenant moves out
A tenancy is a contractual agreement and does not end when the tenant moves out.
Most tenancies require that the tenant lives in the property as their only or principal home. Where someone with home rights lives in the property, this is the same as occupation by the tenant.[5] The landlord cannot evict the married or civil partner unless they have a right to possession against the tenant. For example, by using a ground for possession.
Home rights end after divorce or dissolution of a civil partnership. Where the sole tenant has moved out and home rights no longer apply, the landlord can serve a notice to quit on the tenant. When the tenancy ends, the landlord can evict any remaining occupiers, who are classed as trespassers.
Find out more about landlord notice to quit.
Who can pay the rent
The sole tenant remains liable for the rent during the tenancy. Their married or civil partner is not liable for rent but might want to make payments to avoid arrears and prevent eviction. For example, where the sole tenant has left the property and stops paying rent.
The landlord must accept rent payments from a person with home rights. There is a defence to a rent arrears possession claim if the landlord refuses to accept payment.
The married or civil partner might be entitled to universal credit or housing benefit to help them pay rent to protect the tenancy.
Sole tenant ends the tenancy agreement
The sole tenant can end a periodic tenancy by serving a valid notice to quit on the landlord. They do not have to tell other occupants.
Home rights no longer apply after a tenancy ends. The landlord can evict any remaining occupiers once the notice expires.
Find out more about a tenant's notice to quit.
The married or civil partner might be able to get a court order to prevent the tenant from ending the tenancy. The married or civil partner should seek family law advice if they intend to apply to court.
Sole tenancy rights when unmarried
Cohabiting means living together without being married or in a civil partnership.
Where one person is the sole tenant, their cohabitee does not have an individual right to occupy. The cohabitee has a licence to occupy given by the sole tenant. This is permission to stay in the property.
Sole tenant asks their cohabitee to leave
The sole tenant can give their cohabitee reasonable written or verbal notice to leave. What is reasonable depends on the circumstances. For example, a very little notice might be reasonable if there has been violence or unreasonable behaviour.
The sole tenant can peaceably evict their cohabitee once the notice expires. For example, by changing the locks. The tenant might commit an offence if they use violence to evict the cohabitee.[6]
If the sole tenant moves out
The sole tenant might leave the property without ending the tenancy first, leaving the cohabitee in occupation. A tenancy is a contractual agreement and does not end when the tenant moves out.
Most tenancies require that the tenant lives in the property as their only or principal home. Where the sole tenant permanently moves out, the landlord can end the tenancy by serving a notice to quit on the tenant. When the tenancy ends, the landlord can evict any remaining occupiers, who are classed as trespassers.
Find out more about landlord notice to quit.
The cohabitee might be able to apply to court for an occupation order, giving them the right to occupy the property. They should seek family law advice.[7]
Sole tenant ends the tenancy agreement
Most private tenancies start with an initial fixed term period, such as six months. A notice to quit does not end the tenancy if a tenant serves it during the fixed term. The tenant could use a break clause to end a fixed term tenancy if the agreement allows.
A tenancy might be periodic from the start, or become periodic when a fixed term expires and the tenant remains in the property. The sole tenant can end a periodic tenancy by giving the landlord a valid notice to quit.
The tenant does not have to tell any other occupants they are ending the tenancy for the notice to quit to take effect. The landlord can evict any remaining occupiers once the notice expires.
Find out more about a tenant's notice to quit.
The cohabitee might be able to apply for a court order to prevent the tenant from ending the tenancy. They should seek family law advice.
If the cohabitee moves out
The cohabitee does not have any rights or responsibilities if they are not named on the tenancy. The tenancy continues if they move out and the sole tenant stays in the property.
The sole tenant might be entitled to universal credit or housing benefit to help pay towards housing costs. The landlord might seek possession if they accrue rent arrears. Find out more about rent arrears possession.
Options to transfer the tenancy
A tenancy transfer could change the tenancy into the sole name of the person staying in the property.
A transfer must be done using contract law or through the courts to be effective. An informal agreement between occupiers does not transfer a tenancy.
Sign a new tenancy agreement
The landlord and tenant can agree to surrender the tenancy. The landlord can then sign a new agreement with the remaining occupier.
Once the original tenancy ends, the remaining occupier will not have the right to stay in the property unless they sign a new tenancy.
The new tenancy might not have the same terms as the original agreement, for example the landlord might ask for a higher rent. The landlord can do income and credit checks before agreeing to issue a new tenancy.
Assign the existing tenancy
Assignment is when a tenant transfers their tenancy to another person. Assignment rights depend on the type of tenancy. For example, assured tenants must follow their tenancy terms and they usually need their landlord's agreement.
A sole tenant must assign before they leave the property. A joint tenant might be able to transfer their interest in the tenancy to the person remaining in the property, making it a sole tenancy.
Find out more about assignment of a tenancy.
Apply to the family court for a tenancy transfer
A court can make an order to transfer a sole tenancy to another person, or transfer a joint tenancy into a sole tenancy.
The court will only make an order in certain circumstances, including during divorce or where the court decides the tenancy should be transferred for the benefit of children.[8] The parties should seek family law advice.
The Law Society website has a find a solicitor tool.
When it is not safe because of domestic abuse
A person experiencing domestic abuse after a relationship breakdown might not be safe to stay in the property or might need to take action to remove the perpetrator.
Emergency action
A victim of domestic abuse should call the police if they are at risk of harm. The police might arrest an abuser and could charge them with a criminal offence.
The police can issue a domestic violence protection notice (DVPN) even if they don't arrest or charge the accused. The notice takes effect immediately and lasts 48 hours. It can prohibit an abuser from coming within a certain distance of the property.
Options to leave the home
A person experiencing domestic abuse might need or want to leave the property. They could make a homelessness application to the local authority, or find a place in a refuge.
Even where someone has a legal right to occupy a tenancy, they can be legally homeless if it is not reasonable to continue to occupy because of the probability of domestic abuse.
Find out more about leaving the home after domestic abuse.
Options to stay in the home
A person experiencing domestic abuse might be able to remove the perpetrator from the home. For example, where the victim is the sole tenant, they could take steps to evict the perpetrator.
Find out more about the housing rights of domestic abuse survivors.
An occupation or non-molestation order are court orders usually made for a limited period to protect a person or child. For example, to enforce or restrict rights to occupy the family home. The orders do not change tenancy rights, but can help in an emergency.
Someone seeking a court order usually needs family law representation. It might take a few weeks to get a court hearing.
Find out more about court orders to remove the perpetrator and prevent abuse.
Last updated: 27 February 2025