Cohabiting tenants and problems with occupancy rights

This section does not apply to cohabiting couples where there is only one entitled partner. [1] This means a sole tenant can terminate the tenancy without the consent of her/his partner. However a non-entitled partner could apply for an order protecting her/his occupancy rights while they exist. This could mean that an interdict is taken out against the tenant to prevent her/him from carrying out any transaction that could adversely affect the non-entitled partner's occupancy rights. [2] If the tenant did undertake a transaction that affected the non-entitled partner (such as terminating the tenancy) then the court can make an order for compensation or damages to the non-entitled partner. [3]

If the non-entitled partner or one of the joint tenants is looking for alternative housing, s/he could apply to the local authority. In the case of entry onto the list or in the allocation of housing the local authority cannot take account of the fact that the applicant is still living with her/his partner. The local authority cannot have a condition of allocation that the couple are living apart. However, if the applicant is still a joint tenant the local authority may refuse to allocate her/him housing because s/he has a tenancy. The local authority may only accept the application once the joint tenancy has been relinquished. The local authority cannot take into account any outstanding liability for which the applicant was not responsible, for example if the sole tenant had rent arrears in the home this should not affect the application of the non-entitled partner for a house. [4]

Alternatively if either the tenant or the non-entitled partner or one of the joint tenants cannot remain with the other in the home they could apply to the local authority as homeless on the grounds that they were at risk of violence or have been threatened with violence by the other partner, or that it is no longer reasonable for them to continue to occupy the home. [5] In cases where the tenancy is jointly held the local authority may be unwilling to offer permanent accommodation until the tenancy arrangements are sorted out. There is nothing in law to prevent the local authority offering permanent accommodation but they should at least offer temporary accommodation until the joint tenancy is brought to an end.