Jurisdiction(s):
United Kingdom

Relationship breakdown: substantive law on transferring residential tenancies: FLA 1996 Sch 7, property adjustment and Children Act options; criteria, effects, landlord consent and Renters’ Rights Act 2025 (England and Wales)

Published by a LexisNexis Family expert

Practice notes

This Practice Note outlines the scheme for transferring tenancies following relationship breakdown under Schedule 7 to the Family Law Act 1996 (FLA 1996), applying to those who are or have been spouses/civil partners and to former cohabitants. It identifies the kinds of tenancies caught by the legislation, the circumstances in which the court may make an order, and the principles it applies when deciding an application. The Practice Note further addresses the consequences of the orders available, how these interact with home rights, and the transfer of tenancies via a property adjustment order under section 24 of the Matrimonial Causes Act 1973 (MCA 1973) and the corresponding provision in the Civil Partnership Act 2004 (CPA 2004), together with Schedule 1 to the Children Act 1989 (ChA 1989). For practical guidance on procedural issues, see Practice Note: Tenancies and relationship breakdown—procedure and Procedural guide—transfer of tenancy. Several legal regimes apply to renting households and there are various ways of renting property, which have notably different features. Given that assured shorthold tenancies automatically became periodic assured tenancies with effect from 1 May 2026 (apart from a small number affected by transitional provisions, see: Renters’ Rights Act 2025—implications for transfer of tenancy), most renters w...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 22/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...