If your relationship has ended and you live in a council home, your housing rights will depend on your tenancy and personal circumstances. Get advice as early as possible to understand your options.
If you are joint tenants
You both have the right to stay in the property. If you cannot decide who will stay in the house, you may have to go to court to get them to make the decision.
The remaining person will normally be offered a new tenancy but it may not be in the same property.
If you are not joint tenants
Only the person who signed the tenancy agreement has the right to stay in the property. If you are not named on the agreement, you can go to court to get an Occupation Order so you can stay in the house.
If the named tenant leaves the house, the remaining person does not automatically have the right to stay in the house.
Passing on your tenancy
If you are the named tenant and no longer wish to stay in the property, you may be able to pass your tenancy on to a family member who has been living with you.
We will make a decision on a case-by-case basis so contact us to discuss your options further.
If you are married
You both have the right to stay in the home. If one person leaves, we may transfer the tenancy to the remaining person. If you cannot agree who will leave, you may have to go to court so they can make the decision.
Do not leave the property without getting legal advice.
If you are not married
If you are not married and are not named on the tenancy agreement, you can go to court and apply for an Occupation Order to stay in the property.
If you have children
If you have children living in the property, the court will normally give the tenancy to the parent who is the main caregiver.
If you are the victim of domestic violence
If you suffer from domestic violence and need help, see Housing advice for victims of domestic abuse.
If you leave your home because of domestic abuse, we may be able to:
- help you return to your home safely
- take action to remove the perpetrator from the property
- help you find a new home
Contact the Tenancy Management Team
Speak to customer services
If you need to speak to someone about this topic, you can ring or visit our customer service centre.
