How To Kick Out A Roommate Not On The Lease

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01/10/2021
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3 min read
How To Kick Out A Roommate Not On The Lease, a guide from Parachute Law

Breakups are never easy and it is often unthinkable to continue living together. If you are renting, not married or in a civil partnership and just one of you is named on the tenancy agreement, in most cases the named tenant can kick the other partner out without too much fuss.

If one partner is the sole owner, read this article instead: Can my partner kick me out? Preventing sale or disposal if one partner is the sole owner.

To kick your roommate out, simply give them reasonable notice. If you have no children, this may be as little as 24 hours. If they refuse to leave, you may change the locks. It is important, however, not to damage or dispose of their belongings. You may be able to sue them for any costs incurred in handling or storing their stuff, as long as it does not exceed their total value.

There are different ways that a partner could remain even when if they are not a joint tenant, which we will explain below.

If you need to gain access to your home and permission to continue living there, you may be able to apply for an occupation order.

These are only granted to people who are not the legal owner or registered tenant in certain circumstances and are a temporary solution, normally lasting 6 months, while property litigation is resolved or you find alternative accommodation. Get in touch if you need to make an application.


Under certain circumstances, the non tenant may be able to apply to the family court, to have the tenancy transferred into their name.

If you have kids under 18 the court may grant the tenancy to the other partner for the benefit of the children, under the Children Act. They will consider:
  • Income, earning capacity and financial resources of both partners and the child
  • Financial needs, responsibilities and obligations of both partners
  • Any disability of the child
  • Manner in which the child was or is expected to be educated.

Whether you have kids or not you may be able to apply for a tenancy transfer under the Family Law Act. The decision is up to the court and must be well justified. They will consider:
  • The circumstances under which the tenancy was granted
  • The housing needs and resources of each party (including whether either party would qualify for rehousing)
  • The financial resources of all parties
  • The health, safety and wellbeing of any child
  • Each party's suitability as a tenant

Sadly, many of these cases involve domestic abuse.
You may need to apply for an injunction against your abuser to stop them from terminating the tenancy and a court order to stay away from you and the property.


Or, follow the links for support and resources.
Women's Aid - Information and support
DAHA - Information and support
Refuge - Helpline
Galop - Support for LGBTQ+ victims
Respect - Men's helpline
Advice Now - Video tutorial for applying for an injunction

What can I do if my partner is the sole tenant, but they've left?
Your partner could terminate the lease, leaving you homeless. It is possible to apply for an injunction order from the court to stop them serving a notice to quit. However, this can only be for a limited time, while you obtain a transfer of tenancy or find somewhere else to live.

Are you in a dispute over who gets to live in your home?

Settling a property dispute can be long and upsetting. We can help.

We can assist with:
  • Legal advice
  • Application to court
  • Preliminary hearing
  • Mediation
  • Court appearance

We have on hand counsel to support your claim and offer guidance along the way.

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If you need to kick out a roommate not on the lease, we can help.

 
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