Moving Into A Rented Home

Should we get a joint tenancy agreement?

If you're renting a home, most people do opt for a joint tenancy agreement, because it gives you a say, it gives you control over any decisions that you make about the tenancy or about the rent, or anything to do with the accommodation that you're living in. You have to realise, though, that by signing a joint tenancy, you become equally liable for any expenses that you have, so that if your partner doesn't pay his or her share of the expenses, the landlord can turn to you to pay that share as well as your own.

What happens if we split up?

If you split up and you've got a joint tenancy, then you'll have to decide between you what is to happen to the tenancy. If it's what's called a periodic tenancy - that's one that goes on from month to month - then either of you can give notice to terminate the agreement, even if the other one doesn't want to do that. If, on the other hand, you're in a fixed term agreement - that's for six months or a year - then that tenancy agreement will have to continue, so you will need to decide for yourselves as to which one of you stays on the property and whether or not you can cover those expenses.

If it is one name on the tenancy will they be liable if the other moves out?

If you split up and it's just one name on the tenancy agreement, that person does remain liable for all of the expenses and all the liabilities under the tenancy, unless of course he or she can bring the tenancy to an end. Sometimes that is possible by giving notice. If the other person, whose name is not on the tenancy, wants to remain behind, they will need to come to an agreement with the landlord to see if the tenancy could be transferred into their name, or else if the landlord would allow them to stay if they pay the rent and pay the other expenses.

What rights do I have if my partner moves out and I am not on the tenancy agreement?

If your partner moves out and you are not on the tenancy agreement, unfortunately you have very few rights as far as the landlord is concerned. You may find that your partner terminates the tenancy agreement without your knowledge and the landlord may then be able to take possession of the property. The best thing to do is to anticipate that, and to try to come to agreement both with your partner and with the landlord that the tenancy will continue for a while, until you are able to find other accommodation for yourself.