If you are a joint tenant or owner, you both have the right to stay in the home unless one person has been excluded using an occupation order. If you can’t decide who is going to stay, an occupation order may be your only option to force your partner out of the home.
If you are at risk of violence or abuse in your home then the council’s homelessness department should offer help to you. See our pages on homelessness for more information.
If you are a joint tenant living in a council or housing association home, and either you or your partner gives notice to end the tenancy by giving four weeks’ notice, the tenancy will be brought to an end. The council will then need to look into whether the property will be under or over-occupied for whoever wants to stay. The tenancy will then usually be re-offered to the person staying, if the accommodation is suitable for them. If the council believes the person staying is under-occupying – ie the property is too big for them – they will usually be made to leave.