Legal Support for Housing Rights After Separation
When a relationship ends, transfer of tenancy may be necessary to ensure stability for one party, particularly when children are involved. Whether you are a tenant in a private rental, a council home, or a housing association property, Waely Law’s experienced family law solicitors can help you secure your legal housing rights.
A transfer of tenancy is the legal process of changing the name on a tenancy agreement from one party to another. This often occurs after:
-
Divorce or separation
One spouse or partner wishes to remain in the property.
-
Cohabitation disputes
When unmarried couples split and one party wants to retain the tenancy.
-
Domestic abuse cases
The victim seeks exclusive tenancy rights for safety.
-
Parental responsibility cases
Ensuring stable housing for children.
A tenancy transfer can be agreed voluntarily between the tenants and the landlord or ordered by the court if a dispute arises.
Whether a tenancy transfer is possible depends on the type of tenancy you hold:
- If you are the sole tenant, you can request a tenancy assignment with the landlord’s consent.
- If you are a joint tenant, one party may be able to transfer the tenancy to the other with agreement from the landlord or by court order.
- If there is no written agreement, a tenancy transfer can still be possible through legal intervention.
- Secure and assured tenants (typically council or housing association tenants) have stronger rights to apply for a tenancy transfer.
- If one partner wishes to remain in the property, they can apply for a transfer under family law provisions or via a transfer of tenancy order.
- Some council tenancies allow for succession, meaning a tenancy can pass to a spouse, civil partner, or sometimes even a family member.
If both partners are joint tenants, but only one wishes to remain in the property, the tenancy can be transferred by agreement or through a court order. The court will consider:
- Who has primary care of children.
- Financial circumstances of both parties.
- Any history of domestic abuse or other relevant conduct.
The transfer of tenancy process depends on whether the transfer is voluntary or requires legal intervention:
If both parties agree on who will keep the tenancy, the process involves:
- Requesting a tenancy assignment from the landlord or housing provider.
- Completing a legal deed of assignment to transfer responsibility.
A solicitor can help ensure the new tenancy agreement is legally binding and prevents future disputes.
If there is a dispute, a court can intervene under:
- The Family Law Act 1996 – Where the court can transfer a tenancy to protect the welfare of a child or vulnerable partner.
- Matrimonial Proceedings and Property Act 1970 – Used for married couples undergoing divorce.
- Children Act 1989 – If a tenancy transfer is in the best interests of a child.
Our solicitors at Waely Law will represent your case in court and ensure your housing rights are protected.
Before agreeing to a tenancy transfer, consider:
-
Liability for rent arrears
The remaining tenant may inherit outstanding debts.
-
Impact on benefits
Transferring tenancy may affect housing benefits or Universal Credit.
-
Responsibility for property maintenance
Clarifying repair obligations after a transfer.
Our family law specialists will guide you through the financial implications to avoid unexpected legal or financial burdens.
✔ Expert Family Law Solicitors – Specialising exclusively in family law.
✔ Client-Focused Approach – Tailored advice to suit your unique situation.
✔ Transparent Pricing – Fixed-fee options available for peace of mind.
✔ Strong Court Representation – Protecting your rights and interests throughout the process.
Yes. If both tenants agree, the transfer can be arranged with the landlord’s approval. If there is a dispute, you may need to apply for a court-ordered transfer under family law provisions.
If your ex-partner refuses to agree to a transfer, you can apply to the court for an order to determine who should remain in the property. The court will consider child welfare, financial stability, and housing needs.
Yes, but council tenancy transfers have strict rules. Some secure tenancies allow for succession rights, meaning a tenancy can pass to a spouse, civil partner, or even a family member under certain conditions.
The timeline varies depending on whether the transfer is voluntary or court-ordered. A voluntary tenancy assignment can take a few weeks, while a court order may take several months if contested.
Under some council tenancy agreements, a tenancy can pass to a child or family member, but restrictions apply. Legal advice is essential to ensure eligibility.
At Waely Law, we make the legal process clear, efficient, and stress-free. Here’s what you can expect when you reach out to us:
- GOV.UK: Council Tenancy Rights and Transfer – A government resource explaining how council tenancies work, including transfer rules and rights.
- Shelter UK: Tenancy Rights After Relationship Breakdown – A guide on housing rights after separation, including tenancy transfers for both council and private rental properties.
