A tenancy transfer can allow one person to remain as the tenant of a home they shared with a spouse, civil partner or cohabiting partner. The court's power depends on the type of tenancy and the couple's circumstances. It is different from an Occupation Order, which deals with who can live in the home.
A transfer does not happen simply because one person has moved out or the relationship has ended. The court must make an order, and the tenancy rights and responsibilities then change in line with that order.
Under Schedule 7 of the Family Law Act 1996, this route may be available where a spouse, civil partner or cohabitant has a qualifying tenancy of the home the couple shared. The law also covers certain former partners. Whether someone can apply, and when, depends on their relationship and the tenancy involved.
Not every tenancy is covered. If the tenancy is joint, or you are unsure whose name is on it, check the agreement and get advice before assuming that you must leave or give up your rights.
A tenancy application may take time and does not replace urgent protection. An Occupation Order may address who can stay in the home while longer-term housing arrangements are considered. If you are in immediate danger, call 999.
We can listen to your housing and safety concerns, help you understand the available routes and point you towards specialist family-law or housing advice. We will not assume a transfer is available until the tenancy and your circumstances have been checked.