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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12371
Experience:  30 years as a practising solicitor.
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My son, his partner and their little boy have recently moved

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My son, his partner and their little boy have recently moved in to private rental accommodation owned by a member of my sons family. The owner insists that only my son is on the lease even though his partner works and pays half the bills. My sons partner is obviously concerned about her rights if for any reason they should separate. Can you offer any solutions? The owner is adamant only my son is on lease. This is Scotland.

Thank you for your question. I am a solicitor in Scotland. If your son and partner separated, she would derive occupancy rights in the house if she wasn’t named on the lease. Her occupancy rights would be automatic if they were married. If they were unmarried she could apply to the court for occupancy rights. So in a way she is better off (where the property is rented) because she still has rights to occupy the house as a spouse or partner but has no direct contractual relationship with the landlord. The landlord would have to go through the same procedure to evict a party with occupancy rights whether or not that person is a tenant. The law here is contained in the Matrimonial Homes (Family Protection) (Scotland) Act 1981. I hope that helps. Please leave a positive rating so that I am credited for my time.

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