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If You Rent Your Current Home

How easily you can give up a rented home depends on the type of tenancy agreement you have and how long you have been there. Whether or not you have the right to stay on depends on whose name is on the lease.

Your right to stay

If you are living together and the tenancy agreement is in your partner's sole name, you are unlikely to have the right to stay. Your partner must give you 'reasonable notice' to leave, which could be 28 days or less.

Your tenancy agreement

If the tenancy agreement is in joint names and you have just taken out a new tenancy, you are likely to be tied to the property for a fixed period of time and it will be difficult to change this arrangement before the end of the tenancy unless the landlord agrees.

However, if you have continued to rent a property beyond the initial term, you may only have to give your landlord a month's notice to end the tenancy.

You should check the wording of your tenancy agreement carefully so that you and your partner can decide the best way to proceed. Speak to a solicitor if you are unsure of your rights - see Useful links.

If the tenancy agreement is in both your names, you are both responsible for paying the full rent each month. If you plan to move out, contact the landlord to see whether you can take your name off the tenancy, otherwise it is possible that you may still remain responsible for the rent. Similarly, if your partner leaves, you should inform your landlord straightaway. The full amount of rent will still be payable and you will need to agree with your partner about how it is paid in future. If you partner does not pay, then you will be responsible for the whole of the payments.

Your landlord may require the person staying in the property to sign a new tenancy agreement.

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