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What happens to rented housing after separation

Last updated: 13/02/2025

This information explains who can continue to live in the house you rent after separation.

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 on your own. You will need to be able to pay the rent. Your ex can 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 be legally responsible for any rent payments until your name is removed from the Tenancy Agreement. Talk to your landlord and get your name removed from the Tenancy Agreement as soon as possible.

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. The needs of your children, your financial situation and the behaviour of you and your ex-partner will be considered when making the decision. It is advisable to get professional help from a solicitor or other legal service to do this.

 

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