When a tenant leaves and a cohabiting non-tenant stays, most types of tenancy will come to an end. This can be prevented, however, if the non-tenant gets an occupation order before the tenant leaves. If you suspect your partner wants to end the tenancy and you’d like to stay in the home, speak to an adviser immediately who can tell you whether an occupation order is the best course of action. If the court grants you an occupation order, many types of tenancy will last as long as the order does. This would give you enough time to apply to the courts for the tenancy to be transferred into your name.
This course of action may only be worthwhile if you have a more secure type of tenancy such as assured, secure or protected/regulated (see the pages on Tenancy types if you’re not sure what sort of tenancy you have). If you’re an assured shorthold tenant with a private landlord, you may be advised that your tenancy isn’t worth fighting for, as the landlord can evict you much more easily. If you’re an assured shorthold tenant and you’d like to stay in your home, it may be enough to talk to your landlord, explain the situation, and ask if they can grant a new tenancy in your name.