Tenancy Solicitors 

If you and your partner have been living together in rented accommodation but have chosen to separate you will need to consider what should happen to your tenancy.  Your options depend upon whether you’re unmarried, married or in a civil partnership and whether you rent or have a mortgage.  Tenancy solicitors will look at your situation and advise you accordingly.

Considerations for a Transfer of Tenancy

What is a Transfer of Tenancy? In situations where parties have either divorced or separated and a joint tenancy needs to be transferred. The Family Law Act 1996 gives Courts the power to transfer a tenancy. This means that the ownership of a tenancy is transferred from one person or persons to another. If a tenancy is in the name of one party (a sole tenancy) it can be transferred to the other party’s name. If the tenancy is in both parties’ names (a joint tenancy) it can be transferred into one party’s name. Provided that the tenancy relates to a property which is or was the family home, the following types of tenancies can be transferred:

originalblue Secure tenancies

originalblue Flexible tenancies

originalblue Introductory tenancies

originalblue Assured tenancies

originalblueAssured short-hold tenancies

originalblue Protected and statutory tenancies under the Rent Act 1977

originalblue Agricultural tenancies

When considering an application for a transfer of tenancy, the Court must have an understanding to all the circumstances of the case, including how the tenancy was granted, the housing needs and housing resources of each of you and any children as well as your financial resources. The Court will also consider the likely effect of any Order on each of you and of any children.

What if my Landlord disagrees?

Landlords must be notified when an application is made because the Court must take into account their views in making their decision. However, the Court can still transfer the tenancy even where the landlord objects. If the Court makes an Order for a Transfer of Tenancy no other legal documents are required. The Order brings about the transfer and the tenancy now ‘vests’ in the new tenant on the date stated in the Court Order. The order will be binding on the landlord, including councils and housing associations.

The Next Steps

We recommend that in the first instance you attend our initial fixed fee appointment when we can discuss your options in full.

You may also wish to try to resolve matters by mediation. We can provide you with the contact details of local mediators upon request.

To contact us, please:

originalblue Call us on 01442 218090

originalblue Send an email to info@hepburndelaney.co.uk

originalblue Click on the link to the right and Contact our Tenancy Solicitors

Working with a family business

Hepburn Delaney was established in 2013 by Jane Hepburn and Rebecca Delaney who had worked together for several years before deciding to set up a specialist family law practice. Our intention has always been to provide a niche, bespoke service to clients seeking advice on a broad range of family matters and we remain committed to this approach.


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