Transfer of Tenancy After Divorce or Separation

How to Transfer a Tenancy After Divorce or Separation

If you’re separating or divorcing and live in rented accommodation, you may need to transfer the tenancy to one party. Whether you rent privately or through social housing, UK law provides options to change the tenancy agreement - either by agreement or through a court order.

What Is a Tenancy Transfer?

A tenancy transfer is the legal process of changing who is named on a rental agreement. It allows one party to remain in the property as the sole tenant after separation. This can be done:

• By agreement with the landlord
• Through a court order under Part VII of the Family Law Act 1996

Tenancies

Private Tenancies

If you have an assured shorthold tenancy (common in private rentals), and both parties agree who will stay:

• The landlord can issue a new tenancy agreement naming only that person.
• If the landlord refuses or the parties disagree, you can apply to the court for a transfer of tenancy order.

Social Housing Tenancies

If you rent from a local authority or housing association, you likely have a secure or assured tenancy. These are harder to change by agreement. In most cases, you’ll need a court order to transfer the tenancy.

How to Apply for a Tenancy Transfer

An application for a transfer of tenancy must be made by submitting a form D50B. In determining whether to grant a transfer of tenancy, the court will consider the following: 

• The circumstances in which the tenancy was granted or how the parties became tenants 

• The housing needs and resources of either party and of any relevant child 

• The financial resources of the parties 

• The likely effect of an order on the health, safety or well-being of the parties and any relevant child 

• The suitability of the parties as tenants 

Where the parties are cohabitants but only one party is a named tenant, the court will also consider the following additional factors: 

• The nature of the parties’ relationship 

• The length of time the parties cohabited 

• Whether there are any relevant children 

• The length of time which has passed following the parties’ separation 

If you are considering or going through a divorce and you are interested in transferring the tenancy of your home, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.  

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Frequently Asked Questions

Q: Can I stay in the rented home after divorce?

A: Yes, if you’re granted a tenancy transfer or agree with the landlord to remain as sole tenant.

Q: What if my ex won’t agree to transfer the tenancy?

A: You can apply to the court for a transfer order under the Family Law Act 1996.

Q: Do I need to be married to apply for a tenancy transfer?

A: No. Cohabitants can also apply, though the court will consider additional factors.

Q: Can the court force the landlord to change the tenancy?

A: The court can order the transfer, but enforcement may depend on the tenancy type and landlord’s policies.