Married tenants and obligations for the home

Where there is a sole tenant, the non-entitled spouse has the same rights as the entitled spouse in relation to the tenancy. S/he can pay rent, ensure the landlord carries out essential repairs and take any other steps that the tenant can take to protect her/his occupancy rights. [1] In the event that the landlord commences eviction proceedings against the tenant the non-entitled spouse may be able to defend them. The non-entitled spouse will not, however, be jointly or severally liable for rent or arrears related to matrimonial home.

Either spouse can, however, apply to the court for an order apportioning expenditure between them. In deciding whether to grant such an order the court will have regard to the financial circumstances of each spouse. [2]

The entitled spouse cannot end the tenancy without the written consent of the non-entitled spouse. [3] For more information, please see the section on problems with occupancy rights.

Where there are joint tenants, they are normally jointly and severally liable for fulfilling the terms of the tenancy such as paying rent.

Each joint tenant needs to agree to bring a secure or Scottish secure joint tenancy to an end. One joint tenant (with the written consent of the other) can end a joint assured and protected tenancy and the remaining tenant becomes a statutory assured tenant or statutory (protected) tenant respectively. Any joint arrears remain jointly and severally liable on the sole tenant's rent account. In a common law tenancy a joint tenant can end the whole tenancy with the consent of her/his jointly entitled spouse.