Staying or leaving a rented home after a separation

Last updated: 10/02/2020

This information includes agreements about remaining in your home, whether owning or renting.

Can I stay in the rented home?

If both you and your ex-partner agree that you remain in the home, the landlord may be happy for you to continue with the tenancy if you are able to pay the rent. Your ex may wish to remove themselves from the rental agreement with the consent of the landlord.

Can I leave a rented home?

If you choose to leave the home and your ex-partner remains, you will still be legally responsible for any rent payments unless the tenancy is changed into your ex-partner’s name only.

If you both leave, try to agree who pays any rent owed to the landlord and what happens when your deposit is returned.

Do I need legal help?

If you are unable to reach an agreement with your ex-partner or landlord about who remains in the home, you could both leave, or the matter could go to court to decide who stays. The court will decide if the tenancy can be transferred to you based on you and your ex-partner’s circumstances and including the needs of your children, your financial situation and the behaviour of you and your ex-partner. We recommend that you get professional help from a solicitor or other legal service to do this.