Joint tenancy and relationship breakdown
- What is a joint tenancy in a local authority home?
- What happens if my relationship with my joint tenant ends?
- Who do I contact about my joint tenancy?
What is a joint tenancy in a local authority home?
A joint tenancy is usually created when a local authority or approved housing body (AHB) allocates a social home to a couple. A local authority can also create a joint tenancy in certain circumstances where the tenants are not partners.
In a joint tenancy, you and your partner both sign the tenancy agreement with your local authority or AHB. Your tenancy agreement is a legal contract between you and your local authority or AHB. It contains the rules for your tenancy. For example, it includes information about the rent, repairs and your rights as a tenant.
What happens if my relationship with my joint tenant ends?
If your relationship with your joint tenant ends and they leave the home, you need to remove their name from the tenancy agreement.
If your joint tenant agrees to have their name removed, the local authority or AHB will do this. You may have to fill in a form or make a written request to your local authority to have them removed from the tenancy. Contact your local authority to see what process they use.
If your joint tenant refuses to have their name removed, your local authority will decide what happens. If you have legally separated, this will be decided in the court ruling about who should stay in the family home. You may have to provide evidence that your relationship has broken down.
Who has the right to stay in the home?
The court will consider who has the right to live in the family or shared home, if you are legally ending your relationship with a:
If your joint tenant does not voluntarily give up the tenancy, the judge can order who the tenancy should be transferred to.
What happens if my home is now too big?
If you are left living alone in the family home, your local authority or AHB may decide that your home is too big for you and offer you alternative accommodation.
If you have occasional custody of your children and need somewhere for them to stay, the local authority may agree to let you stay in your home.
Rules for what happens when a joint tenancy ends
There is no specific legislation that covers what happens if you have a joint tenancy and your relationship ends.
Your tenancy agreement with your local authority or AHB deals with this. These situations are often handled on a case-by-case basis and may be dealt with differently by different local authorities.
Who do I contact about my joint tenancy?
Contact your local authority or approved housing body, if you have a question about your joint tenancy.
Getting legal advice
If you are a joint tenant and your relationship is breaking down, you should get legal advice.
You can find a solicitor on the Law Society’s website.
If you can't afford a solicitor, you may be able to get legal advice from either:
To find out if you qualify for legal aid or advice from the Legal Aid Board, contact your nearest law centre. The law centre staff will assess your income and let you know if you qualify. Legal aid is not typically free. You will usually have to pay a contribution toward the costs.
FLAC (Free Legal Advice Centres) is an independent, voluntary organisation that operates a network of legal advice clinics throughout the country. These clinics are confidential, free of charge and open to all. Contact your nearest Citizens Information Centre for information on FLAC services in your area. FLAC also runs an information and referral line during office hours for basic legal information.