Separation and Divorce During a Tenancy

Sometimes life throws curveballs, and that is as true for tenants as for anyone else.

September is the second busiest month of the year for divorce filings, only January superseding it.

For many couples, the return to routine after the summer holidays can be the catalyst that prompts perhaps difficult but necessary decisions about their future.

But for those in rented accommodation, separation brings added complexity: what happens when your relationship ends but your tenancy agreement hasn’t?

If you find yourself facing this situation, here are the key things to understand about your rights, responsibilities, and options.

1. You’re still both liable for the rent

When two or more tenants sign a tenancy agreement, most contracts state that you are “jointly and severally liable”. What this means in practice is that every named tenant is responsible for the full rent, and not just their share.

• If one person moves out, the other remains legally responsible for the whole rent until the tenancy ends.
• If rent isn’t paid, the landlord (or their agent) can pursue either party or both in order to chase and reclaim the outstanding balance.

Even if you’re no longer living in the property, your name on the tenancy keeps you financially tied to it – and equally, if you are left alone in the property, your full rent is due under the terms of your contract, whether your ex partner continues paying their share or not.

2. You can’t simply “come off” the tenancy

A common misconception is that one tenant has a right to be removed from the contract. It’s not impossible, but the landlord and the agent must agree. The signed tenancy agreement is a legally binding contract, and both parties remain bound until:

• The fixed term ends; or
• All parties (landlord, agent, and remaining tenants) agree to a change.

Some agents will allow a “deed of assignment” or “deed of variation” so that one tenant can leave and another take their place. This is at the landlord’s discretion, however, and it is not unusual for a fee to be payable. Another misconception is that the ban on tenant fees prevents this sort of charge being levied, but under the Tenant Fees Act 2019 this is an exception – and you will find that most landlords and agents will take it up.

3. Break clauses and early release

Check your tenancy agreement carefully for a break clause. This is a section that allows you (or the landlord) to end the tenancy early, usually after a set number of months, by giving notice.

• If there is a break clause, you may be able to serve notice and end the tenancy sooner.
• If not, you may need to negotiate with your landlord for an early surrender. Some will agree, especially if they believe they can re-let the property. You may be held liable for rent until the property is re-let, and you may be charged an early release or surrender fee – however, under the Tenant Fees Act 2019, this can’t exceed the amount of loss that the landlord incurs.

Remember: landlords and agents all have different terms of business. Always check your contract first and seek clarity before making decisions.

4. Talk to your landlord or agent

It may feel daunting, but open communication is really useful in these situations. Many landlords prefer a clear conversation rather than uncertainty about rent payments.

• Explain the situation honestly.
• Ask about options such as assigning the tenancy, perhaps bringing in another paying tenant if appropriate, or negotiating an early release.
• Keep all communication in writing where possible.

Most landlords will be pragmatic if it means protecting their income and avoiding disputes. Landlords are also human, and may simply wish to help in any way they can. You won’t know unless you ask.

5. What if you’re experiencing conflict or abuse?

In situations where a separation or divorce is acrimonious – or worse, in some cases, possibly even unsafe – it’s important to know where to turn.

• If you feel unsafe in the home, contact the police or a domestic abuse charity for support.
• Your local council has a duty to help in cases of domestic abuse, even if you still have a tenancy.
• Shelter and Citizens Advice can provide free guidance about your housing rights.

Your wellbeing always comes first. Don’t remain in a dangerous situation because of tenancy concerns.

6. The future: how the Renters’ Rights Bill may change things

At present, tenants are often tied into fixed-term contracts, with limited options to leave early. But once the Renters’ Rights Bill comes into force, this will almost certainly change.

The Bill in its current form is set to give tenants the ability to end their tenancy at any time, with just two months’ notice, regardless of fixed terms. This is one part of the bill that feels very unlikely to be amended, but of course we must await the final draft. If it comes to pass in this way, it will provide far greater flexibility in situations like separation, allowing people to move on without the stress of being locked into contracts.

Until then, and by which we mean until it becomes live as a law, not simply when the law is passed, tenants will remain bound by existing agreements.

This is why it is crucial to know your rights under your current contract and to negotiate where possible.

7. Steps to take if you’re separating while renting

Here’s a practical checklist if sadly you find yourself in this situation:

1. Check your tenancy agreement – Look for break clauses, notice periods, and any clauses about joint tenants.
2. Talk to your co-tenant(s) – Try to reach an agreement about rent payments and responsibilities, at least in the short term.
3. Speak to your landlord/agent – Ask about early surrender, replacement tenants, or variations to the contract.
4. Seek advice – Organisations like Shelter, Citizens Advice, and family solicitors can help.
5. Keep records – Save copies of emails, letters, and rent receipts in case of disputes.

Final thoughts

Separation and divorce are never easy, but agents and landlords realise they are a fact of life. When you’re a tenant, the legal and financial ties of a tenancy can make things appear harder and often quite daunting. But the key is to act quickly and in good faith, communicate openly, and know your options.

Whilst the law may be set to change in the coming months, giving tenants more freedom to move on, the rules today still require caution and cooperation. By checking your agreement, speaking with your landlord or agent, and seeking advice where needed, you can reduce the stress and focus on the next chapter of your life.

Frequently Asked Questions

Can a tenant leave early if they separate or divorce?
Not unless the tenancy agreement has a break clause or the landlord agrees to an early surrender. Without this, the tenant remains bound to the contract until the fixed term ends.

What happens if one of the separated tenants stops paying rent?
If both are named on the tenancy, they are likely jointly and severally liable. That means the landlord can pursue either or both for the full rent, even if only one person is living in the property.

Can a tenant take their name off a tenancy agreement?
Not unilaterally. To remove their name, all parties (landlord, agent, and remaining tenant(s)) must agree. Some landlords allow a deed of assignment or variation, but there may be a fee involved.

Will the Renters’ Rights Bill change things?
Yes. Once in force, the Bill will let tenants end a tenancy at any time by giving two months’ notice, regardless of fixed terms. This will make separation situations much easier to manage, but until then, current contracts remain binding.