Who Pays Rent During Separation

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Who is responsible for paying the rent when you separate from your spouse is not clear cut and depends on several factors, such as whether you rent from a private landlord or local authority. You will also need to consider who is named on the tenancy agreement, if the term is fixed or has ended, and you are now on a rolling contract. All these things, and more, can affect who pays for the rent when you separate before divorce.

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Does it matter whose name is on the tenancy agreement?

If you are both named on the tenancy agreement, then you will be considered “joint tenants” and therefore have the same rights to remain in the property, and liability for paying your share of the rent, even if you move out. This is because joint tenants are “jointly and severally” liable for the outgoings on the property, and is a legal term used in contracts and agreements. It means that when more than one party is involved in an obligation, they are both responsible (jointly liable) for fulfilling it. Additionally, each party is individually responsible (severally liable) for the entire obligation, which allows a landlord to choose to pursue either or both parties for payment. Unfortunately, the person the landlord generally chooses to pursue for payment is the party who remains in the home.

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If only one of you is named as the tenant, then you will not have the same rights to remain in the property. But equally, you will not have to pay towards the rent either, as that would remain the responsibility of the person named on the tenancy agreement.

How do I make sure the rent is paid if I separate from my partner?

As stated above, if your name is on the tenancy agreement, then you will be responsible for making sure the rent is paid. For joint tenancies, you are both equally responsible for paying it. This means that if they move out and refuse to pay, but you are still living at the property, the landlord could ask you for the full monthly amount. Fundamentally, it is going to be easier for the landlord to get you to pay than going after your ex, who is unlikely to be willing to offer anything, particularly if they are paying rent on a new property.

If your ex is refusing to contribute, or the tenancy is your sole responsibility, and you are struggling to make rental payments, contact your landlord and explain the issues. See if you are entitled to any benefits if you cannot manage on your income.