Transferring occupation contracts

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Transferring occupation contracts on long-term renting solutions

If you are a joint contract-holder, or if your partner is the sole contract-holder, you may be able to have the occupation contract transferred into your sole name.

If you agree

If you and your partner have made a decision about who is going to stay in the property in the long term, you may need to change the name on the occupation contract. If your partner is the sole contract-holder and they leave, your landlord can evict you unless you have the contract changed into your name.

Contract-holders may be able to transfer the contract (this process is also referred to as ‘assignment’), or by asking the landlord to give a new contract to the partner who is staying, and then surrendering the current contract themselves. A landlord is not obliged to grant a new sole contract to the remaining partner. It is best not to end an occupation contract before getting written agreement from a landlord that a new contract can be created for the remaining partner.

Not all occupation contracts can be transferred, and some may only be transferred to certain people. The right to transfer the contract to a spouse, civil partner (including someone living with the contrct-holder as if they were a spouse or civil partner) is a fundamental term of all secure contracts .

However, if you have a standard contract, you may not have the right to transfer the contract. Check the terms of the contract to see if it can be transferred. If your contract says that it can be transferred with the landlord’s consent, the landlord can only refuse if there is a good reason.

It is worth remembering that if you are granted a new sole occupation contract, you will have to cover all the rent and maintenance costs yourself. It is worth drawing up a budget to make sure the costs are affordable. If not, you may be able to get maintenance payments or benefits to help with housing costs. See our advice about paying for housing for further details.

If you disagree

If you and your partner can’t agree on who the contract should be transferred to, you will have to get the courts to decide. This can be a long and difficult procedure and you are likely to need a solicitor. The decision a court will make will depend on whether you are married or in a civil partnership or cohabiting, and whether you have children.

If you need to make an immediate decision about who is going to stay in the home, it is best to talk to a family law adviser about getting an occupation order.

Succession rights

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Inheriting an occupation contract when a contract holder dies

  • When a contract-holder dies, their contract does not automatically end.  
  • Some people have the right to take over the occupation contract.  
  • This right is known as ‘succession’. 


Most renting agreements are ‘occupation contracts’. These types of contracts come with the ‘succession rights’. This means that certain people can take over the contract if the contract-holder dies.

The right to succeed to a contract normally depends on how you are related to the contract-holder who died, and if you’re not the contract-holders partner, how long you have lived together.

If the occupation contract is a fixed term standard contract, and the contract contains a term stating that the contract will be transferred in the course of administration of the deceased contract-holder’s estate, the succession rules described on this page do not apply. Contracts with this kind of term are not very common, but get help if you are unsure whether this applies to your contract, or to the contract of a deceased contract-holder,

Succeeding to other types of contracts 

Renting agreements that aren’t occupation contracts probably do not have succession rights unless the agreement is a regulated tenancy. Find out more about the different kinds of renting agreements here. 

If you are living in supported accommodation or  temporary homelessness accommodation you are unlikely to have succession rights, unless you have been granted a standard occupation contract. Get help if you are unsure.

The rules of succession for council and housing association tenancies in England are different. Go to Shelter for information relating to England. 

Who can succeed to an occupation contract?

An occupation contract can only be passed on to a person who:

  • is aged 18 or over, and
  • is a ‘priority’ or ‘reserve’ successor.  

Priority successors  

This includes a spouse or civil partner, or someone who lives with the contract holder as if they were their spouse or civil partner. They must have occupied the home as their only or principal home at the time of the contract-holder’s death.  

You cannot be a priority successor if the contract-holder were a successor of the occupation contract.  

Reserve Successor 

If you don’t meet the conditions to be a priority successor you may be a reserve successor if you are: 

  • a family member other than a spouse or civil partner and 
  • you had been living at the property as your only or principal home for 12 months at the time of the contract-holder’s death, 

or

  • a spouse, civil partner or cohabitee of the contract-holder who has died, but are not a priority successor because the contract-holder inherited the contract as a priority successor (you do not need to have lived at the property for 12 months if this applies to you)

or

  • a carer for the deceased contract-holder (subject to conditions described below)

Carers  

If you are a carer you may be a reserve successor if:  

  • you occupied the dwelling as your only or principal home at the time of the contract-holders death, and  
  • at any time during the 12 months before the contract-holder’s death, you have lived at the property while providing care to the contract-holder or a member of their family who lives at the address, and
  • you have lived at the property throught the 12 months before the contract-holder’s death, and
  • at the time of the contract-holder died, there is no other property that you are entitled to live in as a home

If I succeed to an occupation contract, what kind of contract will I have?

If you succeed to an occupation contract, you would have the same type of contract as the person who died.  This applies to:

  • secure contracts
  • introductory standard contracts,
  • prohibited conduct standard contracts,
  • periodic standard contracts and
  • fixed term standard contracts.

If the contract is a fixed term standard contract, the same dates for the end of the fixed term will apply to your contract. Once the fixed term ends, it will become a statutory periodic standard contract. 

If the contract-holder who died succeeded to the contract

If the contract-holder who has died succeeded to the contract as a priority successor, then any successors are treated as reserve successors, even if they would have met the conditions to be a priority successor.

No one is allowed to succeed to an occupation contract if the contract-holder who has died succeeded to the contract as a reserve successor.

This means that an occupation contract can only be passed on through succession twice.

What if I had a sub-occupation contract with the contract-holder?

You cannot succeed to an occupation contract if you have lived in the property under a sub-occupation contract in the 12 months before the contract-holder died, unless you are:

  • a priority successor and the sub-occupation contract ended before the contract-holders death
  • a reserve successor who is the spouse, civil partner or cohabitee of the contract-holder and the sub-occupation contract ended before the contract-holders death

Sub-occupation contracts are quite rare. If you were paying the contract-holder while you were living at the property this does not mean that you had a sub-occupation contract. Get help if you think this could apply to you. An adviser can discuss the circumstances with you and check the contract-holder’s occupation contract and any agreement you made with the contract-holder.

What if the landlord tries to evict me?

If you succeed to a secure contract, there is a chance that the landlord may try to evict you if the home is now larger than you need. If that does happen, you must be offered a suitable alternative home. Take a look at our pages on eviction of secure contract-holders for more information, and get help as soon as you can. 



Succeeding to a standard contract with a private landlord


Most standard contracts have very limited security, and private  landlords don’t always need a reason to evict the contract-holder – they may just have to follow the correct procedure.

If the landlord does intend to evict you, it may be worth trying to negotiate with the landlord. For example, perhaps the landlord would issue a new contract if you had a guarantor, or were able to find someone to become a joint contract-holder  to get a new contract may provide more security than trying to take over the contract by succession. 

If you have succeed to a periodic standard or a fixed term standard contract with a private landlord you will still have the same rights as the contract-holder who died, but the landlord may try to evict you, but they must follow the correct process and also comply with equality law. Please see our advice about eviction by a private landlord.

Get help urgently if you are in this situation.

 

Regulated tenancy 

A spouse, civil partner or cohabiting partner of a regulated tenant can succeed to the tenancy if s/he lived in the property at the time of the tenant’s death. 

Another member of the tenant’s family also has the right to succeed if they lived in the property with the tenant for at least two years before their death and there is no spouse, civil partner or partner who is entitled to succeed. 

If the successor is the spouse or partner, and there has not been a previous succession, the tenancy remains a regulated tenancy. If it passes to another member of the tenant’s family, or is a second succession, it becomes a secure contract. Regulated tenancies can only be passed on twice in very limited circumstances. 

 

If more than one person is entitled to succeed 

If more than one person is entitled to succeed, you may need to get help from an adviser to find out where you stand. Joint succession is not normally allowed, so only one person will be able to take over the contract. In virtually all cases, the spouse or registered civil partner of the person who died will get priority. 

Alternatively, you may be able to come to a mutual agreement about who will succeed to the contract. If this is not possible, the landlord will normally decide. If the landlord decides that you will not succeed to the contract, you have the right to appeal against this decision by applying to the county court. You must start the appeal within 4 weeks of the landlord notifying the person they decided will succeed to the contract. 

If it is a regulated tenancy and more than one person is entitled to succeed, the county court must decide. 


If you have no succession rights


If you don’t have an automatic right to take over the contract, but would like to remain, your landlord may consider granting a new contract, in your name. There is no legal requirement for them to do so but the Welsh Government expect them to consider any request. If this applies to you, get help from an adviser as they might be able to negotiate with your landlord to increase your chances.

Similarly, if no one is entitled to succeed, it may be possible for the contract to be passed on through the will or by the rules of intestacy. However, if you have a standard contract, the landlord will be able to evict the person(s) who stays on by following the correct legal procedure. 

It’s is important to be realistic. In a worst case scenario, you may have no choice but to find somewhere else to live. Get help from an adviser if you think you will have problems finding somewhere suitable that you can afford. 


Things to consider before taking over the occupation contract


Although you may have the right to take over a contract by succession, you don’t have to if you don’t want to. You should think carefully before you decide, and get advice if you are not sure. 

Important questions to consider are 

  • Will you be able to afford the rent? 
  • Do you want to remain in a property where a close relative died? 
  • Is the landlord likely to try to evict you if you take over the contract? 
  • What other alternatives do you have? For example, would you prefer to move closer to family and/or support networks? 

If you do not stay, are you likely to need help finding somewhere else? If you approach the council for help, they may decide that you are intentionally homeless because you gave up a home that you could have stayed in. If this happens, the council may still have to take reasonable steps to help prevent you becoming homeless but are unlikely to have any duty to secure alternative accommodation for you. 

In some circumstances, where your household includes children or young people, the council may also have a duty to secure accommodation even if they have decided that you are intentionally homeless. 

For more advice on what help the council can provide to you, click here. 

Although you may have the right to take over an occupation contract by succession, you don’t have to if you don’t want to. You should think carefully before you decide, and get help if you are not sure.


If no one is going to succeed


If no one is eligible to (or wants to) take over the contract by succession, it is very important that you formally end the contract. You should get advice first, however, to make absolutely certain that no one has succession rights. Don’t take your landlords word for it as the rules are complicated and landlords sometimes get this wrong. 

The reason that you need to formally end the contract is because the estate of the person who died will be legally liable for paying the rent until this has been done. Surviving family members could be left with a large amount of arrears to pay if the contract is not ended properly. Get help if you aren’t sure how to proceed. 

Other pages in families and relationships

Civil partnerships
Relationship breakdown
Living with family
Renting long term solutions
Home ownership long term solutions
Domestic abuse
Death in the household

See all advice topics



Phone an adviser

If you have a housing problem, call our expert housing advice helpline


Email an adviser

If you have a non-urgent problem and would like to speak to an adviser
email us

We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.

Whose name the agreement was in

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Checking the name on the occupation contract


If you rent your home and someone in your household dies, your right to continue living there will depend on what type of occupation contract they had and whose name the agreement with the landlord was in. You may need to take action to ensure you can stay.



What should I check?


When a household member dies, you need to check:

  1. whether the agreement was:
  • a sole occupation contract (in the name of only one person),
  • a joint occupation contract (in the name of more than one person), or
  • a number of separate agreements (where each individual person has their own separate occupation contract or license, which may have different terms and conditions)

2. whose name(s) the occupation contract was in

3. what type of occupation contract they had.

If you are not sure what type of contract they had, have a look here first.


What if the person who died was the sole contract-holder?


Where this is the case, your rights will depend on whether you have the right of succession. The law gives certain people an automatic right to succeed to the contract (ie. take it over in their own name).

The rules depend on:

  • the type of contract the person had,
  • how you were related to them, and
  • whether you were living with them at the time of their death and, in many cases, for at least a year beforehand.

Don’t assume that having lived together for a very long time will give you the right to succeed.

Click here to find out more about who has succession rights.


What if I am the sole contract-holder?


If your agreement with the landlord is in your name only, the fact that someone that you allow to live with you dies does not affect your rights to stay in your home. You will have the right to stay no matter whom you are renting from or what type of contract you have.

If you are in this situation and your landlord tries to make changes to your agreement, get help before you agree to anything. An adviser can check that you’re not agreeing to give up important rights.


What if it was a joint occupation contract?


As joint contract-holders, you and the person who died had exactly the same rights and were equally responsible for paying the rent and keeping to the terms of your agreement. This means that if one contract-holder dies, the remaining joint contract-holder(s) automatically take over the whole contract.

Bear in mind that this also means that you become responsible for paying all of the rent and other expenses, including the deceased person’s share. If you can’t afford this, get help as soon as you can. An adviser can help you to tackle any rent arrears and may be able to help you to negotiate with the landlord – for example if you want to take on a new joint contract with someone else in order to make the costs more affordable again.


What if we had separate agreements?


If you have a separate agreement from the person who has died, your rights to continue living there will not be affected. Again, don’t agree to pay anymore rent or allow any other changes to your agreement until you get help from an adviser to make sure you’re not losing out.


What if the person who died was one of my parents?


In this situation, your rights will depend on your circumstances, including;

  • whether you lived with the parent who died for at least a year before they died
  • whether they had a surviving spouse, registered civil partner or cohabiting partner who is entitled to succeed and if so, whether that person agrees that you can stay
  • if not, whether you are entitled to succeed to the occupation contract yourself.

The rules can be complicated so have a look at our page on succession and get help from an adviser immediately to find out more.

Don’t move out until you’re sure of your rights. If you’re not old enough to live on your own, you need to get help as soon as possible. Call Childline free on 0800 1111 to speak to a friendly person who can help you. Or you can visit their website if you don’t feel like talking. If you can’t get through the first time, don’t give up – just keep trying.

Young people can also find lots more advice about housing here.

Other pages in families and relationships

Civil partnerships
Relationship breakdown
Living with family
Renting long term solutions
Home ownership long term solutions
Domestic abuse
Death in the household

See all advice topics



Phone an adviser

If you have a housing problem, call our expert housing advice helpline
08000 495 495


Email an adviser

If you have a non-urgent problem and would like to speak to an advisor
email us

We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.


Finances after a death

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What happens if the mortgage or rent aren’t paid?


Your financial situation is likely to change if someone you live with dies. You need to ensure that the rent or mortgage will be paid, even if you’re not liable for paying it. You should also find out whether you’re eligible for any benefits, or need to update any existing claims.


Falling behind on payments could result in:

  • eviction or repossession
  • your landlord or lender taking you to court to force you to pay off the arrears
  • a bad credit rating, which would make it difficult for you to find a new home.


Am I liable to pay the rent or mortgage?


If you are the sole owner or contract-holder you will continue to be liable for the whole of the payments.

If you and the person who has died were joint contract-holders or owners, you automatically become liable for the whole of the rent or mortgage.

If you are the spouse or civil partner of the owner or contract-holder, you will normally become liable for the rent or mortgage payments once their estate has been settled. However, you may also be liable in the meantime if you are their personal administrator. Either way, it is important to ensure that the rent or mortgage is being paid to avoid building up (or increasing) arrears. Get help from Shelter Cymru or solicitor if you are unsure about anything.

If the property isn’t in your name, and you’re not the spouse or civil partner of the owner or contract-holder (eg. you are cohabiting) the situation is more complicated. You may not be legally responsible for paying the mortgage but will probably need to ensure it is paid in order to protect any legal interest you have in the property. You should get help as soon as possible to find out where you stand.


Can I be held responsible for their rent arrears?


If the property is rented, when you become liable for the rent, this usually includes liability for any rent arrears the deceased had built up.


Can I get any help?


If you have a low income, you may be able to claim income support mortgage interest (if your home is owner-occupied) or housing benefit (if the home is rented). Depending on your personal circumstances you may be able to get a crisis loan or a community care grant.

If you already have rent arrears or mortgage arrears, remember that your home might be at risk. Contact the National Debtline, the Consumer Credit Counselling Service or a local advice centre as soon as possible.


What if I am already claiming housing benefit?


If you have an existing housing benefit claim, it might be affected by your change in circumstances. You should update your claim as soon as possible, as the amount you are entitled to may change. If you don’t inform the council, you might end up being paid too much and having to pay it back later on, or you might possibly lose out on additional benefits.

If you are already receiving housing benefit but are struggling to pay the rent, you could try applying for a discretionary housing payment.


Can I get bereavement benefits?


If your husband, wife or civil partner has died in the last year, you may be entitled to special benefits. Depending on your circumstances, you may be able to claim:

  • bereavement payment or widowed parent’s allowance
  • bereavement allowance
  • a funeral payment.

For more information about the financial help you might be entitled to, visit the Directgov website or a get help from Shelter Cymru.


Can I claim mortgage or life insurance?


If your home is owner-occupied, the person who died may have taken out mortgage payment protection insurance. This type of insurance policy is designed to pay the mortgage if the insured person dies and could protect your household from the risk of eviction.

Whether you own or rent your home, the person who died may also have taken out life insurance.

You should contact the providers of any insurances that may have been taken out and get financial advice as soon as possible. You should also let your mortgage lender or landlord know what is happening to ensure that they don’t take action to evict you or repossess your home if payments are missed.

Other pages in families and relationships

Civil partnerships
Relationship breakdown
Living with family
Renting long term solutions
Home ownership long term solutions
Domestic abuse
Death in the household

See all advice topics



Phone an adviser

If you have a housing problem, call our expert housing advice helpline
08000 495 495


Email an adviser

If you have a non-urgent problem and would like to speak to an advisor
email us

We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.


Checking the will

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What is a will and how to check it


A will is a legal document that sets out how a person wants their property and personal belongings to be passed on when they die. If you and the deceased were joint owners of the property, their will only relates to their share of the property and personal belongings.

The will usually also names the ‘executors’, who are the people the deceased wants to be responsible for carrying out their wishes and sorting out their estate. If you were close to the person who has died, it is possible that you might be named as the executor in their will.



Can will’s be changed?


A person’s will can be changed at any time before they die. So it’s important not to make assumptions. Even if the person who has died told you what was in their will, they may have changed their minds and made a new will before their death.


How do I know if there is a will?


The person who died may not have told you that they had made a will or where it is kept. This doesn’t mean there isn’t one. Writing a will can be a very personal thing and some people don’t even tell those closest to them about it.


How can a will be found?


If you think the person who died had a solicitor, you should try to find out the name and address of the solicitor and phone them up. Solicitors keep records of the wills they have made and can easily trace whether or not they hold a will.

Similarly, the deceased may have used a bank as their executors, or may have informed their own bank of their arrangements.

If you don’t know where to start, you can ask any solicitor to put an advert in a legal magazine to find out if any other solicitor knows about the existence of a will. The solicitor you speak to will be able to tell you more about this.


What if there is no will?


If someone dies without leaving a will, or the will cannot be found, the rules of intestacy give certain relatives of the deceased the right to inherit property or personal belongings. You may be able to inherit property in this way if you are the deceased person’s spouse, registered civil partner, or close member of the family as defined in the rules of intestacy. Cohabiting partners cannot normally inherit under the rules of intestacy but may be able to apply for financial provision from the estate. You will need help from a solicitor if you are in this situation.


What if the property has not been left to me in the will?


If you are married to, or in a civil partnership with, the person who died but the house was not left to you in the will, you might be able to argue that you are entitled to a share because you have other rights under the law. You should contact a solicitor to find out more.

If you are not the spouse or civil partner of the person who has died and the house has not been left to you in the will, you may no longer have any rights to remain in your home and should get help as soon as possible. An adviser can check whether you may be able to claim a proportion of the estate in other ways and can explain any other options you may have.


Where can I get more information?


See the Directgov Guide to wills and probate for more information.

Other pages in families and relationships

Civil partnerships
Relationship breakdown
Living with family
Renting long term solutions
Home ownership long term solutions
Domestic abuse
Death in the household

See all advice topics



Phone an adviser

If you have a housing problem, call our expert housing advice helpline
08000 495 495


Email an adviser

If you have a non-urgent problem and would like to speak to an advisor
email us

We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.


Getting help after a death

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Advice on getting help after a death in the household


Whatever your circumstance, losing someone close to you is a terrible experience to go through.

You do not have to deal with everything on your own. There are specialist agencies that can help you cope with bereavement, and others that can help you with legal, practical and financial issues.



Help with bereavement


When someone you know or care about dies, it can be difficult to come to terms with, whatever the circumstances are. If you are having difficulty in coping with the loss of someone close to you, contact a bereavement organisation such as Cruse for specialist support and counselling in confidence. You could also talk to your GP, who may be able to refer you to local counselling organisations.

BUPA have a factsheet about bereavement on their website, which you may find helpful.


Help with the funeral


If you find that you have to make the funeral arrangements, it can be daunting. A funeral director will guide you through the process of arranging the funeral and make all the necessary arrangements.

You can get advice about choosing a funeral director and search for a company near you at the National Association of Funeral Directors. They can help you apply for funeral payments from the social fund, if you’re eligible.


Help with housing issues


If you are unsure about your housing and benefit rights following a death in the household, you can get help from Shelter Cymru. An adviser can look into your situation and explain your rights. They may be able to help you deal with practical issues – for example if you need them to check the renting agreement.


Help from a solicitor


In many cases, particularly if your home is owner-occupied, you will also need help from a solicitor to sort out your housing situation. You may only need to see them once, but it’s best to find out where you stand early on.

You can find a solicitor in your area through Yell.com, the Law Society or visit the Gov.uk Civil Legal Advice pages for further advice.  They also have a helpline you can call for free, confidential and independent legal advice on 0845 345 4 345.

Be aware that you may have to pay solicitors’ charges. Find out whether you may be eligible for help with these costs using the Civil Legal Aid Eligibility calculator.


Bereavement benefits


If your husband, wife or civil partner has died in the last year, you may be entitled to special benefits.

Depending on your circumstances, you may be able to claim:

  • bereavement payment or widowed parent’s allowance
  • bereavement allowance
  • a funeral payment.

For more information about the financial help you might be eligible for, visit the GOV.UK website or get help from Shelter Cymru.

Other pages in families and relationships

Civil partnerships
Relationship breakdown
Living with family
Renting long term solutions
Home ownership long term solutions
Domestic abuse
Death in the household

See all advice topics



Phone an adviser

If you have a housing problem, call our expert housing advice helpline
08000 495 495


Email an adviser

If you have a non-urgent problem and would like to speak to an advisor
email us

We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.


Getting the perpetrator to leave

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Advice to get the perpetrator out of the house


If you have suffered domestic abuse, you may want to stay in your home, and get the perpetrator out.



Contacting the police


In some cases, the best way to get a perpetrator to leave will be to have them arrested. This may only get the person out of the way for a short time but, if they are charged, then they may be either held in custody, or may be given bail only on the condition that they do not go near you.

If a criminal offence has been committed, the person may also be prosecuted and given a custodial sentence.


Changing the locks


You may want to change the locks to stop the perpetrator getting into your home.

However, you need to be aware of two things:

  • simply changing the locks is unlikely to stop a determined attacker, except when combined with other security measures
  • if the perpetrator has rights to occupy the home (if you have a joint occupation contract, for example), you could be illegally evicting her/him.

Occupation orders


Occupation orders are court orders that extend or restrict a person’s right to occupy a home. They can, for example, give you the right to stay in the family home where you didn’t previously have that right (for example, where the occupation contract is a sole contract in the perpetrator’s name) or exclude the perpetrator from the home.

An occupation order can be applied for separately or as part of other family law proceedings (divorce or custody proceedings, for example) The details of the order you can apply for will depend on your relationship to the perpetrator and the type of accommodation you live in.

Occupation orders can have a power of arrest attached so, for example, if the perpetrator has been excluded from the home, they can be arrested if they try to gain entry. The perpetrator can be given a custodial sentence or fined for breaching the order. Please see our advice here for more information about occupation orders.

You will need to seek the advice of a family law solicitor to get an occupation order. They cannot guarantee your safety, and will only last for a limited time, so you will need to take further action to settle who stays in the property in the long term.

For further help and advice visit the FLOWS (Finding Legal Options for Women Survivors) website.  They can help you consider the legal options available, online, on the phone, or sitting down with an expert in your local area. It’s an entirely free, confidential and fully independent service.


Other options for joint contract-holders who are at risk of abuse


Exclusion of a joint contract-holder

If the perpetrator is a joint contract-holder, has left the home and doesn’t intend to return, you can apply to the court to make an order to remove them from the occupation contract. This is known as ‘exclusion of a joint contract-holder’. If you believe you are at risk of abuse and that the perpetrator could return at any time, then this is probably not the best option for you. You may want to consider getting an occupation order (see above) or another type of injunction instead.

Before a court application to exclude a joint contract-holder can be made, you must give the perpetrator a ‘warning notice’. This notice must be in writing and give 4 weeks before you apply to court. You must also give a copy of the notice to the landlord. During the 4 week period you should make reasonable enquiries about whether the perpetrator intends to return.

The court might decide not to make an order to remove the perpetrator from the contract if they believe the perpetrator left the home due to any antisocial behaviour on your part.

If the court makes an order to remove the perpetrator’s name from the contract, they may be able to appeal this if:

  • they did not receive a ‘warning notice’
  • they had a good reason for not responding to a warning notice
  • they can demonstrate that you did not have reason to believe they didn’t intend to return

They must appeal within 6 months of the court making the order. If the appeal is successful the court may decide to reinstate the perpetrator as a joint contract-holder, or make another kind of order if appropriate.

Eviction of the perpetrator by the landlord due to antisocial behaviour

If the perpetrator is a joint contract-holder and is in breach of the contract due to antisocial behaviour, the landlord can evict them without ending the contract for other joint contract-holders. This is known as ‘exclusion by the landlord for prohibited conduct’. The landlord must serve notice on the perpetrator and apply to the court for a possession order. However, the court must consider whether it is ‘reasonable’ to evict the perpetrator.

However, the landlord is under no obligation to take this action, even if they are aware that you have experienced, or are at risk of, abuse. If the risk of abuse is immediate, waiting for the landlord to evict the perpetrator may not be the best option for you. You may want to consider getting an occupation order (see above) or another type of injunction instead.


Help for perpetrators


If you are the perpetrator of domestic abuse or are worried about your behaviour, there is help available.

Follow the links below for further advice and support:

Respect phoneline has a team of advisors who can offer you confidential, honest advice, without any judgement, to help you stop.

Relate offer the Choose2Change programme which is a service to increase the safety of victims of domestic abuse through working with the perpetrator.

Other pages in families and relationships

Civil partnerships
Relationship breakdown
Living with family
Renting long term solutions
Home ownership long term solutions
Domestic abuse
Death in the household

See all advice topics



Phone an adviser

If you have a housing problem, call our expert housing advice helpline
08000 495 495


Email an adviser

If you have a non-urgent problem and would like to speak to an adviser
email us

We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.

Finances and domestic violence

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Domestic abuse and money


This page gives advice on financial help you can get if you leave your partner because of domestic abuse.


Claiming benefits


If you leave your partner, you may be worried about how you are going to pay for your general living costs.

You could be entitled to tax credits or benefits.  For example, Universal Credit, follow the link to our page for further  information and advice.  Contact Jobcentre Plus to make a new claim for benefits.

If you are already claiming benefits, you will need to contact Jobcentre Plus and/or the council to let them know about your change of circumstances.

In an emergency, you may be able to get help from the Discretionary Assistance Fund, or apply for a budgeting loan to help you pay for essentials.

If you are unsure what you might be entitled to, get advice. The Department for Work and Pensions have produced a comprehensive Guide on the help you can get if you are a victim of domestic abuse.

If you are staying in a refuge, the staff there should be able to help you apply for help.


Housing costs


One of your biggest costs if you leave your partner is likely to be your housing costs. You may be able to get housing benefit or Universal Credit housing costs to help pay the rent or mortgage. The amount you get depends on your circumstances (your income, the people in your household, etc).

If you still have to pay rent on the home you have left, you may be able to get housing benefit on two homes for a limited period. If you are claiming Universal Credit and you have left your normal home because of a fear of violence you may be able to get housing costs paid on two homes for a maximum time of 12 months.

If the help you get to pay your housing costs doesn’t cover all your rent you may be able to get a discretionary housing payment.

If you face other housing costs (for example, if you are moving into privately rented accommodation and have to pay a deposit) you may be able to get help from the Discretionary Assistance Fund or apply for a budgeting loan. If you need help to furnish a new place, there may be a local furniture project that can help out with low-cost furniture.


Child maintenance


If you leave your partner, you can apply for child maintenance from them, to help with the costs of bringing up your children, although you may not wish to do this if it may cause you or your children further harm or distress. If you are afraid that your partner may threaten or ill treat you or your child if they are forced to pay child maintenance, it’s best to get help before making a claim.

For information and support with applying for child maintenance from your ex-partner, and the different options for you, go to the Gov.uk : Making a child maintenance arrangement.

If you and your ex-partner are unable to reach an agreement regarding maintenance payments, or you don’t know where your ex-partner is, you will need to contact the government’s Child Maintenance Service.  The Child Maintenance Service has replaced the Child Support Agency and deals with all new applications for child maintenance payments.  You do not have to pay the Child Maintenance Service application fee if you are a victim of domestic violence and abuse.

You could also contact Citizens Advice or Welsh Women’s Aid for help and support in dealing with your relationship breakdown and how this affects your finances.


Opening a bank account


If you don’t have your own bank account, try to arrange to open one before you leave.

If you already have your own bank account(s) and credit card(s), make sure you tell the bank and credit card company your new address, so that your partner can’t get hold of your statements. Use a ‘care of’ address if you don’t want anyone to know where you’re staying. Be aware, however, that some banks won’t send information to a ‘care of’ address.


Where can I go for help?


If you believe or suspect you are being financially abused the following organisations can help you:

Money Helper offers practical advice as well as further links to advice and support specifically aimed at people who are experiencing financial abuse

For a list of organisations that offer advice and support to people experiencing domestic abuse, see here .

Other pages in families and relationships

Civil partnerships
Relationship breakdown
Living with family
Renting long term solutions
Home ownership long term solutions
Domestic abuse
Death in the household

See all advice topics



Phone an adviser

If you have a housing problem, call our expert housing advice helpline
08000 495 495


Email an adviser

If you have a non-urgent problem and would like to speak to an adviser
email us

We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.

Women’s refuge

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Refuges


If you have to leave home because your partner is behaving in an abusive or threatening way, you may want to stay at a refuge. Or, if you apply as homeless, the council may arrange emergency accommodation in a refuge.


Who can go to a refuge?


Any one who is being abused can go to a refuge for safety. You don’t have to have children to get a place in a refuge, and you don’t need to have left your partner permanently.


Where will the refuge be?


The addresses of refuges are kept confidential to protect residents from abusive partners.  You may have to stay in another area if there are no places in your nearest refuge.


How do I get into a refuge?


There are several ways in which you may be able to get a place in a refuge:

  • telephone the freephone 24-hour Live Fear Free Helpline on 0808 8010 800 or Shelter Cymru’s helpline. An adviser will do their best to find you a place in a refuge that suits your needs, or will help you sort out somewhere else safe to stay if there are no places available
  • the police or social services may be able to refer you
  • the local council may be able to refer you, or may arrange for you to stay in a refuge as emergency accommodation if you make a homelessness application.

Be aware that you may not be able to get a place in a refuge straight away, as there can be a high demand for places, and they are limited.


What if I am disabled or have a disabled child?


If you are disabled, it may be more difficult for you to get away from your home, especially if you have mobility problems. In addition, many refuges aren’t fully accessible for disabled people. An adviser from the freephone 24-hour Live Fear Free Helpline (0808 8010 800) will be able to help you find a place in an accessible refuge, and you can also get help from the council.


How do I pay for my accommodation?


Refuges are not free; you will have to pay rent while you are staying there. However, you may be able to claim universal credit housing costs or housing benefit to help cover the cost. If you still have to pay rent on the home you have fled, you may be able to get housing benefit for two homes.

For further information about what refuges are like, what help you can get in a refuge and your rights while you are staying in a refuge, click here or visit the website of Welsh Women’s Aid.


Other pages in families and relationships

Civil partnerships
Relationship breakdown
Living with family
Renting long term solutions
Home ownership long term solutions
Domestic abuse
Death in the household

See all advice topics



Phone an adviser

If you have a housing problem, call our expert housing advice helpline
08000 495 495


Email an adviser

If you have a non-urgent problem and would like to speak to an adviser
email us

We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.

Domestic violence and homelessness

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Domestic abuse and homelessness


If you have left your home or feel you need to move out because of domestic abuse but you have nowhere to go, you should get help from your local council’s homelessness department.

You do not need to be sleeping on the street to get help from the council.

Even if you have accommodation that you can legally occupy, the council should still consider you homeless if you can’t live there because of a risk of abuse.

Click here to find details of your local council and use the information below to help you.

Follow our step-by-step guide on how to make a homelessness application.


Am I classed as homeless because of the abuse?


The council should consider you homeless if:

  • you have no accommodation that you have a right to occupy, or
  • you have a right to occupy accommodation (for example, because you have a joint occupation contract) but you cannot return there because it is likely that you, or anyone else you live with (e.g. one of your children) will be subjected to abuse.

Domestic abuse is abuse from another person who is, or has been:

  • your spouse or civil partner
  • your intimate partner, regardless of gender
  • a family member, including your parents, grandparents or someone who has had parental responsibility for you
  • someone who has agreed to marry you, or enter into a civil partnership with you (whether or not that has happened)
  • another member of your household (e.g. a carer, or a friend that you normally live with).

Abuse includes physical violence but also threatening or intimidating behaviour. Abuse could include:

  • psychological abuse
  • financial abuse
  • emotional abuse
  • sexual abuse

You do not need to have actually suffered violence to be considered homeless. If there have been threats of abuse that are likely to be carried out, the council should help you.

If you are in short-term accommodation (e.g. you are staying with a friend or relative) because you have left your home as a result of abuse or threats of abuse, you should also be considered as homeless.


What should the council do?


If you are homeless (or likely to become homeless in the next 56 days) and ask the council for help with housing, they should take a homelessness application from you. Once a homelessness application has been taken the council will have certain duties to help you. Depending upon your circumstances, they may have to find you emergency accommodation or perhaps help you return or stay in your home. For more detailed information on what help the council can give, click here.

You can make a homelessness application to any council, regardless of where you have been living or the reasons you have become homeless. If the council refuse to take a homelessness application from you, get help immediately.

Interviews
The council will want to talk to you about what has happened and how you have become homeless. They should offer you the choice of being interviewed by a person of the same sex and should speak to you sensitively. If you feel that the person interviewing you is not being sympathetic or is not taking you seriously, tell them, or ask to speak to their manager.

Evidence
The council may ask you for some evidence of the abuse or threats, for example a crime reference number. However, if you cannot supply evidence, the council should take your word that you have been a victim of abuse or threats of abuse. You may be asked to sign a statement stating what has happened.

Just because you may not have suffered actual abuse in the past this does not mean it could not happen in the future. The council should not insist that you prove abuse has already happened.

Assessment
The council will then carry out an assessment of your situation to decide what help they should give you.  The council, with your permission, may contact the police, your friends and relatives, landlord, doctor, or anyone else you have told or who may know about the abuse. However, they should not contact the person who has been violent against you or threatened you, as this could put you at risk.  If the council decides that you are eligible for help, homeless, or at risk of homelessness, then the council should provide you with support as soon as possible.The council may write a Personal Housing Plan with you.


Can the council give me emergency accommodation?


If the council has reason to believe you may be:

then the council has to provide you with emergency or interim accommodation while they decide what other help they can give you.

You will have a ‘priority need’ if you have suffered domestic abuse or would be at risk of domestic abuse if you returned home.

The emergency accommodation may not be ideal, but should be suitable for you. It may be in a hostel, refuge, or a bed and breakfast hotel. If you have children, bed and breakfast should not be considered suitable, except for a maximum of six weeks if nothing else is available.

For more information on the council’s emergency accommodation click here.


What other help can the council give?


What help you are entitled to depends on your circumstances. In most cases the council will have to provide you with advice and help at an early stage.

If you are eligible for help and in danger of losing your home in the next 56 days, the council must help you to try and keep your current home. This is known as the duty to help to prevent homelessness or “the prevention duty” and means that the council must take reasonable steps to stop you from becoming homeless. If you have accommodation that you have a right to occupy, the council may offer you options to help you remain in your home, such as personal protection arrangements, help in securing your home or finding a solicitor to help you get an injunction.  The council cannot expect you to return home if there is a risk that you will be in danger and it must take into account your wishes about where you think you should live.

Follow the links below for further information on how the council could help you if you:


What do I do with all of my belongings?


The council may need to take reasonable steps to protect your belongings (“the duty to protect belongings”) if they are at risk of damage or loss and you are not able to protect or deal with them yourself, for example because you can’t afford to arrange removals or storage.


Where can I go for help?


If you are homeless or at risk of being homeless as a result of domestic abuse the following organisations can help you:

Llamau offer advice and support for women and children experiencing homelessness

Stori are a charitable housing association that provides housing and support to men, women, their children and young people across Wales. They work with vulnerable people, including those escaping domestic abuse, helping them regain their independence.

Other pages in families and relationships

Civil partnerships
Relationship breakdown
Living with family
Renting long term solutions
Home ownership long term solutions
Domestic abuse
Death in the household

See all advice topics



Phone an adviser

If you have a housing problem, call our expert housing advice helpline
08000 495 495


Email an adviser

If you have a non-urgent problem and would like to speak to an advisor
email us

We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.