People go to court when they can't agree on a solution. Going to court can be time-consuming and costly, so problems are usually best settled out of court, for example by using mediation.
This page is a guide to how the court might help you sort out problems with your rented home, but the outcome will depend on your rights and individual circumstances. If you need immediate access to the home, you may be able to get this through the courts by applying for an occupation order. You are likely to need the help of a solicitor if you go to court - see the Law Society's website for advice on how to find one.
Is it worth it?
Taking court action can cost a lot of money and take up a lot of time and effort. Usually, only certain tenancies are worth fighting for in court: those that have strong rights associated with them. These include:
- assured tenancies
- secure tenancies
- regulated or protected tenancies.
You can check what type of tenancy you have by using our tenancy checker. Assured shorthold tenancies from private landlords aren't necessarily worth going to court for as you can be evicted very easily. Going to court may be more worthwhile if you have an assured shorthold tenancy from a housing association, although you can still be evicted quite easily. Before taking any court action, talk to an adviser about your options - you can find one near you using our advice services directory.
If you can, you could try to negotiate with your partner to reach a solution. If you don't feel like you and your partner can talk alone without disagreeing, you could try mediation. Mediation is different from counselling as it aims to reach practical agreements about finance, children and property by using a neutral third party (the 'mediator') to help you talk through issues. Mediation can have very positive long-term benefits as it can help build understanding between ex-partners. For more information, please see our section on mediation.
What can the court do?
What the court can do depends on whether you are married or in a civil partnership and legally ending your relationship or not, or whether you're cohabiting. The court's decision will also depend on whether you have children, and your personal circumstances, such as finances and whether you have any alternative accommodation.
In the short-term, courts can issue occupation orders. These have the potential to reinforce rights to the home, exclude partners from the home or area, or allow re-entry to the home if necessary. The orders normally last a short amount of time, but in some circumstances, such as if you're married, in a civil partnership or a joint tenant, they can last longer.
In the long-term, courts can transfer tenancies from one tenant to the other, or from one tenant to a non-tenant. They can declare that one partner lives in the home for a certain amount of time, or say that one partner should pay compensation to the other if, for example, the other partner has suffered financial loss through losing a tenancy.
Court costs and procedure
Whether or not you have to pay court costs depends on your circumstances. You can read more about costs on the Court Service website. You will not have to pay a fee if you are receiving:
- income support
- family credit
- advice from a solicitor under the Legal Help Scheme or represention under Legal Aid.
You can find out if you're eligible for legal aid using the legal aid calculator. How long your case will take will depend on your circumstances - your solicitor should be able to give you a firmer idea. After filling in all the necessary forms, you need to take them to court, where they are checked and you are given a date for your hearing. The date will depend on how busy the court are.
Will I need a solicitor?
If you are planning to divorce, separate from or split up with your partner, or dissolve your registered civil partnership, it is likely that at some point you'll need a solicitor to help you sort out your home and money issues. You may be able to sort things out yourselves if you don't have children, or if you haven't been married or together for very long, but if you share a lot of assets and can't agree how to divide them, you may need legal help.
Mediation can help in these circumstances. It provides a neutral third party to help you and your partner make decisions, and is likely to be cheaper than a solicitor.
If you decide you have to see a solicitor, you may only need to see them once, but it's best to find out where you stand. You will need a family law solicitor, which you can find using the Community Legal Advice Directory or through specialist organisations such as The Law Society or Resolution.
Fees
Solicitors' charges are based on how much time they spend on your case. Remember to get an estimate before you start, but remember that fees may go up as your case progresses. If you instigated the divorce, you may also be liable for court fees. You may be able to get help paying costs if you're eligible for legal aid - see above.
