If the tenancy is in joint names
If you have separated from the other parent, you both have a right to live there or collect your belongings,
unless a court order stops you doing so. If getting access is difficult, a court can help you.
However, if it is impossible for you both to live in the rented family home, or you can't agree who will stay,
then a court may have to decide. Get legal advice either way.
If both parents were liable for the rent and one of you leaves, then the person still living in the home must
pay it.
If either of you has a Restraining Order or something similar against you, you may not be able to go into the home.
If the tenancy is in only one name
If you think the other parent may give notice to quit, which could end your tenancy, get legal or housing
advice now.
If you are the parent with day-to-day care of your child and your private landlord, housing association or
local council won't put the tenancy in your name only, get specialist advice to see if a court could award you
the tenancy.
Shelter 0808 800 4444 provides free, independent advice. Citizens Advice Bureau have a specialist housing
adviser (check your phone book) or visit www.citizensadvice.org.uk
If you are married or in a civil partnership
In England or Wales, you both have the right to stay in or return to the property, and a court could enforce
this. If the other parent leaves without giving up the tenancy:
- you are liable for the rent
- you may be entitled to Housing Benefit
- a court could award you the tenancy once you divorce, or dissolve your civil partnership.
If you are not married or not in a civil partnership together
If the tenancy is not in your name and the other parent gives you 'reasonable notice' to leave, you have no
legal right to stay even if you are the parent with the main day-to-day care.
But if a court decides you should be allowed to stay, then an Occupation Order will give you the right to do so.
Get specialist legal advice if you want to stay.
