Family (relationship) break-up
Act quickly to protect your rights. Only a court has the power to force you to move out of your home. If you are worried contact your Neighbourhood Office to discuss the matter.
Your questions answered
Can my partner make me leave the home?
If you are named as one of the tenants you have the right to stay. If you are married, you both have the right to stay. If you can't agree about who will leave only a court can decide. If you are unmarried and not the tenant, contact us to discuss what options are open to you. Do not give up your right to stay without first seeking advice. See Your rights.
Who can end the tenancy?
Any tenant named on the Tenancy Agreement can end the tenancy provided they give us 4 weeks notice. If one joint tenant wants to end his or her interest in a tenancy they must give notice to us and to the other joint tenant. The remaining joint tenant does not have the automatic right to stay.
If you are not named on the Tenancy Agreement and your partner wants to end the tenancy, contact us as soon as possible to find out whether you can stay in your home. See Your rights.
What if my partner or joint tenant has left the home?
If a joint tenant, or your partner who is the tenant, has already left the home without telling us, contact us to find out whether you can stay. We will need to serve a notice on the tenant who has left before we can remove their name from the tenancy.
Your rights
- Joint tenants have equal rights to remain in the home but either one may end the tenancy. We may transfer the tenancy to the remaining partner if everyone involved is in agreement.
- If you are not joint tenants, the person named as the tenant has the right to ask their partner to leave the home. However, if you are married you have the right to stay but you may have to go to court. If you are not married a court will decide whether you can stay.
- If the named tenant leaves the home, the remaining husband or wife has the right to stay but an unmarried partner will have to go to court to find out whether he or she can stay.
- If you have children living with you, a court will normally put their interests 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.
How to get help
- Contact your Neighbourhood Office. We are happy to discuss your situation with you and give you advice. The details of any conversation you have with us will be confidential.
- You can also go to a specialist who can advise you about your particular situation: advice agencies for money problems, Counselling Services for family problems, or a solicitor for your legal rights.
Abuse and violence. If you are threatened with, or are subjected to, abuse (physical, sexual or verbal) from someone in your home or an ex-partner, you may want help and advice. The Council has a trained team who can help you. Also, in an emergency contact the Police.
