Your rights depend on the type of tenancy you have, 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.

In cases of domestic violence your housing options may be different.

• Private tenancy in one name
• Private tenancy with joint tenants
• Housing Executive or housing association tenancy in one person's name
• Housing Executive or housing association tenancy in two people's name

Private tenancy in one 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 the person named in the tenancy agreement leaves you can ask the landlord to allow you to continue living there as a new tenant. The landlord doesn't have to do this and can ask you to leave by giving reasonable notice.

If you are in a very vulnerable position or have children it may be possible to get the tenancy transferred into your name. You will need to get specialist legal advice about this.

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Private tenancy with joint tenants

If only one of you moves out the other person will usually have to pay all the rent until the joint tenancy ends. If you don't have a tenancy agreement your landlord can ask you to leave by giving you 28 days notice.

If you are planning to stay in the property you should ask your landlord to give you a new tenancy. You will have to end the joint tenancy. Get a written agreement that you will be given a new tenancy before you give up your joint tenancy.

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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.

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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.