Family Break-Up

Do I have the right to stay in my home?

This depends on whether you are named as the tenant on the Tenancy Agreement, whether you and your partner are married, and whether you have children living with you. See Your Rights below.

Can the name(s) on the Tenancy Agreement be changed?

The name of a joint tenant can only be removed if both tenants agree to do so and we also agree. If there is no agreement only a court has the power to enforce a change of tenancy. The court’s decision will be influenced by whether you have children, who is going to look after the children, and the length of time you have been together.

Who can end the tenancy?

Any tenant named in the Tenancy Agreement can end the tenancy, even if it is a joint tenancy. If your partner tries to end the tenancy, it may be possible to get a court injunction to stop the action. ACT NOW - contact us and get advice from a solicitor.

Can my partner make me leave the home?

If you are married you both have the same right to stay. If you cannot agree who will leave only a court can decide. You should not give up your right to stay in your home without first getting legal advice. Contact a solicitor. If you are unmarried and are not the tenant you may be able to get an 'Occupation Order' from a court. Talk to us and also contact a solicitor.

What can I do if I am the victim of domestic violence?

If you are threatened with, or are subjected to, acts of violence from a member of your household or an ex-partner, you may want to get help. Contact the Housing Advice Centre. Also contact your local Police Station and a solicitor. The Police have a domestic violence unit with specially trained officers.

What if I want to move out and want to pass my tenancy on to another member of my household?

If you are the tenant named in the Tenancy Agreement but live with other close family members who are not joint tenants, you may be able to pass on your tenancy to one of these family members who wishes to remain. See TENANTS' RIGHTS. We will look into the situation but will not necessarily agree to this.

How We Can Help

We are happy to discuss your situation with you. The details of our discussions will be kept confidential.
We may also suggest you go to a specialist who can advise you about your particular situation. For example:
- Advice Agencies - money problems, domestic violence
- Relate (Relationship Counselling) - family problems
- a solicitor - what legal action you can or should take.

See USEFUL CONTACTS for how to contact these organisations.

Children

A court will normally put the interests of any children first to make sure they do not become homeless. The court will usually give the tenancy to the parent who has the main care and responsibility for the children.

Your Rights

If You Are Married
Both of you have the right to stay in the home.

If you are joint tenants and one of you wishes to leave, we can transfer the tenancy to the remaining partner if both of you agree to this in writing.

If you cannot agree who is to leave, we cannot decide for you. A court will have to make the decision for you.

If You Are Unmarried
Your right to stay in the home depends on whether the tenancy is held in both your names (joint tenants) or only in one partner's name.

Joint tenants have equal rights to remain in the home but one tenant may end the tenancy. We can transfer the tenancy to the remaining partner. If you both want to stay in the home you must go to court to decide who will keep the tenancy.
If you are not joint tenants the person whose name is on the Tenancy Agreement has the right to ask their partner to leave the home. The partner who is not a tenant may be able to get an 'Occupation Order' from a court.

If the person who is named as the tenant on the Tenancy Agreement leaves the home the remaining partner has no automatic right to stay in the home. If you are in this situation you should contact us to discuss what other options you have.

Your Enquiry | How We Can Help | Children | Your Rights

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FAMILY (RELATIONSHIP) BREAK-UP

Your Enquiry