If your spouse/civil partner is the tenant, and their tenancy is:
when they leave, the tenancy will continue unless they give a valid notice to quit to the landlord.
If you have home rights, the following options are available:
- if your partner wants to end the tenancy, there may be action you can take to stop them
- if your landlord is seeking possession of your home, you could apply to postpone court proceedings (while you gather information to respond to the landlord’s action).
See our flowchart regarding court proceedings for further advice.
If your partner’s tenancy is an assured shorthold, the landlord can evict you by serving two months’ notice, and does not need to have a reason for doing so. See the page on eviction of assured shorthold tenants. It’s sensible to keep this in mind when deciding whether to apply for home rights.