Relationship breakdowns
The following information gives you a brief guide to your rights if you want to stay in your home. For more detailed advice you should contact a housing specialist.
Advice for Tenants
If you are the tenant you normally have the right to remain in your home at the end of a relationship. If you are not the tenant you may need to take action to protect your position.
Four main things can happen which can affect your right to remain in the home:
1. The tenant can leave
If the tenancy is in one person's name and they leave, this can affect the status or existence of the tenancy, e.g. a secure Council tenancy is no longer secure if the tenant is not living in it as her/his only or principal home.
What action can you take?
- It is crucial to take action to keep the security of tenure of the tenancy. If you are not the tenant you may be able to obtain an occupation order, under the Family Law Act 1996, to extend your right to stay and protect the tenancy. An application for an order should, if possible, be made before the tenant leaves, or as soon as possible afterwards.
- If you apply for an occupation order you should also ask for an injunction to prevent the tenant who is leaving giving a notice to end the tenancy.
- In the longer term, the tenant who is leaving may be prepared to pass on or assign the tenancy. If they are prepared to do this, it should be done before the tenant leaves. Alternatively, if there are no children, a transfer could be applied for under the Children Act 1989.
2. One tenant can give a notice to the landlord that they are leaving
If you are not the tenant, or even if you are a joint tenant, a valid notice to quit from a tenant that is leaving will normally bring the tenancy to an end.
What action can you take?
- There are some ways you can try and stop the notice to quit taking effect. For example, it may be possible to get an injunction preventing such a notice being served.
3. Rent arrears may build up on the tenancy
The landlord may refuse rent from a non – tenant or arrears can build up because the tenant is no longer paying.
What action can you take?
- Non-tenants who are married have the right to pay rent - so does anyone with an occupation order in force under the Family Law Act 1996
- Housing benefit may also be claimed, even by non – tenants, and can be backdated in certain circumstances.
- Non–tenants may also be able to intervene in possession proceedings.
4. The tenant may try to evict the non – tenant
Generally, it is possible for the tenant to evict the non – tenant.
What action can you take?
- Under the Family Law Act 1996, it may be possible for the non-tenant to get an occupation order to prevent this happening. This is essentially a short term measure and you would need to apply for a transfer of the tenancy into your name to keep your home long term.
- If there are children involved and you can ask for the tenancy to be transferred into your name under the Children Act 1989. If you are intending to do this it may be possible to seek an injunction to remain until a decision is made by the Courts.
Advice for Owner Occupiers
There are several problems you might experience.
1. The sole owner may try to take out a second mortgage or sell the property
If the property is in your partners name only you may want to prevent further loans being raised on the property or the property being sold.
What action can you take?
- The steps you can be taken will depend on whether you are married or have a financial stake in the home. You will need to register a charge or interest against the property.
2. The sole owner may try to evict the non–owner
Generally, the owner may evict the non–owner.
What action can you take?
- It may be possible for you to obtain an interim injunction to remain if proceedings are being taken under the Children Act. Under the Family Law Act, it may be possible to get an occupation order although such an order is only a short–term measure. In the long term a settlement of property will need to be obtained.
3. Inheritance problems for joint owners
A partner may want to prevent a separated spouse or partner from inheriting her/his share of the property if she/he dies.
What action can you take?
- Steps can be taken to enable a joint owner to will her/his share of a property to another person, e.g. a new partner.
4. Disputes over financial shares
Disputes can arise over who contributed what to the property.
What action can you take?
- The court can decide and declare who owns what share of the property.
5. Mortgage arrears
Sometimes lenders refuse mortgage payments from a non – owner or arrears may build up because the owner is no longer paying.
What action can you take?
- If you are a non – owner who is married or have an occupation order in force under the Family Law Act, you have the right to pay the mortgage
- You can also claim Income Support or Jobseeker's Allowance for the interest on the mortgage if you are not the owner and this can be backdated in certain circumstances.
There are many organisations who can provide general information on relationship breakdown and domestic violence:
Gingerbread - Gingerbread is an organisation for Lone Parent Families. It is the leading and largest charity providing help for 3.5 million lone parents and their children nationally.Website: www.gingerbread.org.ukLesbian and Gay Switchboard - We aim to provide an information, support and referral service for lesbians, gay men and bisexual people from all backgrounds throughout the United Kingdom.Website: www.llgs.org.ukRights of Women - We offer free confidential legal advice to women on our advice line. We offer specialist advice in family law, divorce and relationship breakdown, children and contact issues, domestic violence, sexual violence, discrimination and lesbian parenting. We empower women to access their legal rights.Website: www.rightsofwomen.org.ukSamaritans - Callers in need of Samaritans' service are accepted without prejudice and encouraged to talk or write about their feelings, acknowledge their emotions and explore options.Website: www.samaritans.org.ukTel: 01246 270000Shelter - We help 100,000 people a year fight for their rights, get back on their feet, and find and keep a home. And we also tackle the root causes of Britain's housing crisis by campaigning for new laws, policies and solutions. Find out more about what we do, how we fund our work and how you can get in touch with us.Website: www.shelter.org.ukChesterfield Women’s AidDrop-in CentreWest Bank House, Albion Road
Chesterfield.Tel: 01246 540444Relate
Othen House
Sheffield Road
Chesterfield.
Tel: 01246 231010
Relate line - 01246 200664 (Wednesday 1.30 pm to 4.30 pm)
For individual advice and representation you can contact solicitors and advice centres
via the Community Legal Service.
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