Cohabitants do not generally share the same rights afforded to a spouse or civil partner in the event of the death of their cohabitant (whether of the same sex or opposite sex) regardless of the length of the relationship. This Practice Note summarises the differences between the rights of a cohabitant on the death of a cohabiting partner and those of a spouse or civil partner in relation to tenancies, tax, intestacy, pensions, bereavement benefits and fatal accidents.
See also Practice Notes: Family provision claims—the cohabitant and Family provision claims—practice and procedure.
Tenancies
A cohabitant, spouse or civil partner is equally entitled to succeed to:
- •
a protected agricultural occupancy under the Rent (Agriculture) Act 1976
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a regulated tenancy under the Rent Act 1977
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an assured tenancy under the Housing Act 1988
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a Secure tenancy under the Housing Act 1985, which may be subject to certain conditions in the case of pre-1 April 2012 tenancies
See also Practice Note: Occupation of the family home—cohabitants.
Tax
On death, the disadvantages of the tax treatment
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Cohabitants definition
What does Cohabitants mean?
A man and a woman living together as if husband and wife; a couple of the same sex living together as if civil partners.
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