Splitting up when living in rented accommodation
Your rights depend on the whether you rent privately or from the Housing Executive or a Housing Association, and whether you were joint tenants. This is a complex area of law. A local advice agency can help you work out what your best option may be.
Visit our renting subsite to know what to do if you privately rent a home with your partner and are considering splitting up.
In cases of domestic violence your housing options may be different.
Housing Executive or housing association tenancy in one person's name
If you are the person named in the tenancy agreement you can ask the other person to move out. You should give them reasonable notice but this doesn't mean 28 days. You don't have to get a court order before the person has to leave.
If you are the tenant and you wish to leave you can pass the tenancy on to the other person in some circumstances. This is known as assignment and must follow a special legal process. You can usually only assign your tenancy if your partner has been living with you for at least 12 months before the split.
Housing Executive or housing association tenancy in two people's name
You will have to decide who will stay and who will go, unless you both decide to leave and give up the tenancy. Talk to your local Housing Executive District Office or your housing association before you make a decision. You may not be offered a single tenancy.
The tenancy ends if either of you give notice to quit to the Housing Executive or housing association. If you are staying make sure the other person doesn't give notice to quit.