Council tenancies and relationship breakdowns
Tenant satisfaction survey
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If your relationship breaks down, you may have rights to remain in your own home even if you are not the tenant. You may even be able to get the property transferred into your name.
What rights you have will depend upon:
- the relationship you were in
- the type of tenancy or occupancy agreement you and your partner had
- your personal circumstances
As a landlord, we can't take sides. If you can’t agree who can have the tenancy, then you must seek independent legal advice to explore your options.
Courts can order the tenancy be given up in favour of one or the other tenant in certain circumstances.
You can't just tell us that one of you has left - this will only leave the tenancy and tenants’ rights in a state of limbo.
What you can do
Seek independent legal advice. Your solicitor can ask the court to make an occupation order if your partner tries to make you leave. This will state who should live in the property.
Legal notice
If your partner ends the tenancy by giving legal notice (which they are entitled to do), this will end the tenancy for you too, even if you did not intend to move out. If you think your partner might do this, you may be able to prevent it, but you will need to seek urgent independent legal advice before any formal notice is given.
Transferring the tenancy
No matter what relationship you are in, it may be possible to transfer the tenancy into one name if both of you agree without involving a solicitor. This is called Assignment.
If this is a realistic option, you may not have to go court. Your Housing Officer will be able to advise you further on the process and its limitations according to your tenancy agreement and relationship status
Different circumstances
No matter what relationship you are in it may be possible to voluntarily transfer the tenancy into your name if your partner agrees. It will depend on the type of tenancy your partner has and whether an assignment of tenancy is allowed. Your Housing Officer can give you further advice.
If you are married and in the process of divorcing or have been living with a long-term partner, you can ask the courts to transfer the tenancy into your name. The courts will take both situations into account before deciding whether to do this.
If both you and your partner signed the tenancy agreement, then you will be joint tenants. Your rights as a joint tenant mean you:
- have the right to remain in the property and can only be made to leave by a court order
- can only make your partner leave by getting a court order
- must pay the rent and are liable for the whole amount if your partner fails to pay their share. This means you are liable to pay the whole amount (not half) if the other joint tenant stops paying
- are liable for the rent until the tenancy is ended formally (even if you leave the property)
The joint tenancy and your obligations continue until formally ended even if only one of you remains in the property.
If your partner formally ends their sole tenancy by giving legal notice this will end the tenancy and any right to occupy the property for you too, even if you don't wish to move out.
If you think your partner might do this, you may be able to prevent it but must seek urgent Independent legal advice to explore the options open to you before it happens.
If you are the sole tenant of the property, you will have many rights in the short term. Any person sharing the home with you can only remain with your agreement, unless they are married to you or obtain an occupation order from the court.
If you are married or have been in a relationship, your partner can apply to the court to get the property transferred into their name.
If you don't want to stay
If you don't want to stay in the property, it may be in your interest to try and get the tenancy transferred by way of assignment into your partner’s name.
This will end all liabilities regarding your tenant obligations including paying rent. You should seek independent legal advice about doing this.
If you are unmarried and your partner is the sole tenant, then you will only be able to remain in the property with their agreement. In the short term you may be able to get an occupation order from the court to allow you to stay temporarily.
Your right to do this will be strengthened if you have children which you intend providing a stable home for.
If you think your partner has given notice and intends moving out, you must seek independent legal advice quickly.
If your partner is the sole tenant but you are married, you have the right to:
- occupy the marital home and not be excluded except by court order
- obtain a court order to regain entry and live there (if not already occupying the home)
- pay the rent - but there is no legal liability to do so except by court order.
If you and your partner can't agree living arrangements during a marital breakdown, then your solicitor can apply to the court for an occupation order and the court will decide what should be done in the short term.
If you are married, getting a divorce or you have had a relationship breakdown, you have the option of asking the courts to transfer the tenancy into your name.
The court will consider both your situations before deciding whether to do this.
In the absence of the tenant being instructed to give up their interests, the landlord can amend the tenancy on the authority of the court order.
Applying for a family home
If you agreed to assign your property over to your partner and children, you can't apply for a family home through our housing register.
We can't allocate two family homes for the same children. You may still be able to apply for single person accommodation.
If you need a family home, you need to find this in the private sector.
Applying to court
The nearest family law court is Northampton Crown Court.
There is a standard application fee which may be exempted for persons on benefits or low incomes.
You can email [email protected] for further advice from the court offices or contact your solicitor.
Further advice
Confidential advice and assistance is also available from the Citizens Advice Bureau.
Several local solicitor firms may also be able to help - but this is likely to involve a cost payable by you.
Last updated 21 May 2025