Losing your home because your parents, a partner, or someone else kicks you out is scary and unsettling. It might mean your finances change as well. Your rights depend on your situation.
There are organisations that can help you plan for this and make sure you get the help you need.
Splitting up with a partner in a private tenancy
Couples usually have a joint tenancy agreement. This is when you’re both named on the agreement and are both responsible for paying rent. If you have a joint agreement and:
- you want to leave – you must give notice to your landlord, otherwise you might still need to pay rent even though you do not live there
- your partner wants to leave – you should tell your landlord and see if you can work out a new agreement that only has your name
If you’re not named on your agreement and:
- your partner decides to leave – you have no legal right to stay in the property
- you want to stay – you need to talk to your landlord and work out a new agreement
Splitting up with a partner in a social tenancy
If you live with a partner in a social tenancy (meaning, the Housing Executive or a housing association is your landlord) there are a few ways to work things out. Make sure you do not end up responsible for a tenancy that you do not want.
If the tenancy is in your name and:
- you want to leave – you can ask your landlord if you can pass the tenancy on to your partner (known as ‘assignment’)
- you want your partner to leave – you can ask them to move out without a court order
If the tenancy is in both your names, either one of you can give notice which ends the tenancy for both of you. Talk to the Housing Executive to change your agreement if:
- you leave – so you can end your responsibility for the tenancy
- your partner leaves – or you will not have the right to stay
If you both want to leave, you can just give up the tenancy.