My partner is leaving. But we are in a joint tenancy
- Joint tenancy is financially beneficial in all circumstances, married, living with a partner or friends sharing.
- But when you have a joint tenancy with your partner or you are married, and you separate, your tenancy state will change automatically.
- The way the tenancy is handled will depend on what type of tenancy agreement you have.
It is advisable to have a joint tenancy agreement even if your partner is the one paying the rent, it will avoid complications when he or you decide to leave.
- If you partner is leaving, he/she is exercising his/her right to leave. It only takes one of you to end the tenancy. If you want to stay in the property, contact the landlord immediately and let him know that you are staying. Bear in mind that the landlord will be concerned if you are able to pay the rent alone. You will have to discuss that with him.
- But if you are cohabiting with you partner and he/she decides to end the tenancy, you will not have the right to stay. But you can prevent this if you can get an occupation order before your partner leaves the property.
The occupation order enforces many rights which includes the scenario in this case:
- enforce the right for one of the cohabitants to remain in occupation of the property,
- require permission of the cohabitant to enter and remain in the property,
- regulate the occupation of the property,
Bear in mind that to be eligible to apply for the occupation order. You need to be:
- A close family member
- Married or in a civil partnership,
- Engaged to be married or be in a civil partnership,
- In a relationship for more than six months,
- Formerly married or in a civil partnership,
- The children (living in the home) parent or grandparent.
