Talk

Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Tenancy question when not on tenancy

(4 Posts)
sally30 Thu 25-Oct-12 22:29:14

I live with my partner and my 9 year old daughter and we privately rent. The house is rented thru a friend we have a tenancy agreement etc but the tenancy is only in my partners name. The contents of the house are mine from my previous property I moved out and we moved in together.

I just wondered legally where I would stand if for example my partner walked out after a heated row and I locked the doors afraid to let him back in would I be in trouble as not named on the tenancy? For example if he called the police cos i wouldnt let him in. Or if we split up and I wanted him to move out as it's my daughters home etc rather then us find somewhere else I assume I'd have no leg to stand on because I'm not named on the tenancy?

Just wondered if someone could clarify?

Thank you in advance.

izzyizin Fri 26-Oct-12 14:16:16

You're correct in assuming that, in the event you fall out with your partner, you'd have difficulty claiming possession of the property as the tenancy agreement is in his sole name.

If you were to attempt to lock your partner out and he called the police, it's probable you'd be asked to leave the property as you have no legal entitlement to occupy it without the consent/agreement of the tenancy holder.

In addition, if your relationship with your partner were to become strained to this extent, you may find it incumbent on you to prove your sole ownership of the contents of the property should you wish to remove these items to another place.

Is this a general question on your part, or do you have a particular reason for asking?

For the continued security of your dd, I would suggest you have your name added to the tenancy agreement.

If you do not have receipts/bills of sale to prove ownership of whatever items you have brought to the property, I would also suggest you draft an inventory of your possessions which document should be dated and signed by your partner and yourself to safeguard your interest in them.

mirry2 Fri 26-Oct-12 14:20:47

I agree with Izzy although if you obtained a restaining order the situation may be different. you would have to check this out. Things would also be complicated if he stopped paying the rent

izzyizin Sat 27-Oct-12 16:35:28

If you were to apply for a non-molestation/restraining order against your partner it would not change your legal status in respect of the property you currently live in with him.

It's improbable that you would succeed in obtaining a non-mol which prohbits him from coming within a specified distance of your current address as only he has legal right to live there.

Similarly, it's improbable that you would succeed in obtaining an occupation order when, by virtue of the tenancy agreement, only he has legal right to occupy the property.

If your questions have been prompted by more than general interest in establishing your legal right to the roof over your head, may I suggest you visit www.womensaid.org.uk

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now