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What form does she need

(10 Posts)
IneedAsockamnesty Thu 28-Mar-13 22:44:30

A friend with a Joint LA tenancy significant DV resulting in cps extended protection order and her ex having criminal convictions

Lived apart for nearly 3 years her protection order will soon run out.

LA cannot sever the joint tenancy without his consent or a court order he won't give consent so she's going to take him to court.

What form does she need to do this and is it possible to obtain a costs order as she has made several attempts to get him to agree but he has actually stated he wants to cost her money and frighten her.

Spero Thu 28-Mar-13 22:47:24

If she goes to the court counter they are usually very helpful and will give her the correct form, sorry don't know it off top of my head. Very, very unlikely she will get a costs order but she may not have to pay the issue fee if she is on benefits - but again, court staff will help.

IneedAsockamnesty Thu 28-Mar-13 22:49:48

I took her to our local court today all the clerk would say was look on our website and print the form of,I think she may have been in a bad mood.

How come a costs order is unlikely?

Spero Thu 28-Mar-13 22:51:43

O dear hat is not very helpful.

The usual approach is no order as to costs unless there is serious litigation misconduct - but it is always down to individual judges discretion so she can always ask. But does he have any money to pay costs order?

Spero Thu 28-Mar-13 23:01:58

Just checking my Family Court Practice, she needs to apply under Family Law Act 1996 schedule 7 para 13 - I think the form is FPFO 2008, fee £70 but I have only for the 2011 edition to hand.

But a tenancy in joint names can be ended by the unilateral decision of one tenant to surrender the tenancy without giving notice to the other, so if he really wants to mess her about he could do that. She will need to apply urgently to the court for an injunction to stop him doing this prior to transfer.

IneedAsockamnesty Thu 28-Mar-13 23:07:57

Yes he has money.

Her attempts to avoid litigation are 12 letters requesting he sign the permission letter stating why he should and expressing a wish to avoid unnesacery court costs. 5 letters hand delivered by a third party who has documented date time ect of delivery and a written statement covering every delivery the rest signed for.

As well as 5 from her solisiter ( she can no longer afford him)

Offering him money to sign

I believe she already had a costs order against him before due to a previous protection order before a breach where cps extended.

He appears to be under the impression that as soon as her order runs out he can drill through the lock and enter the house.

She is only eligible for something like £11 Legal aid as her child's disability element of ctc bumps up her income but legal aid rules do not appear to take into account anything other than DLA being disallowed.or disability payments by dwp being ignored they don't ignore ones paid by hmrc.

IneedAsockamnesty Thu 28-Mar-13 23:09:13

She already has a injunction prohibiting him from surrendering her tenancy I'm pretty sure it runs out at the same time as her other orders,from what I can gather they were all issued at the same time.

Spero Thu 28-Mar-13 23:28:29

Good that she has the injunction. She should apply for the order and ask for costs, sounds like she has pretty good evidence heis being unreasonable. I just wouldn't bank on getting costs order.

Collaborate Fri 29-Mar-13 05:48:31

I think it's the form FL401. But the LA should have a procedure in place for dealing with DV cases. Won't they agree to accept her surrender of the tenancy then immediately grant a new one in her name?

Spero Fri 29-Mar-13 11:00:48

I think if you surrender a tenancy you run a risk of being considered intentionally homeless and LA have no duty to rehouse?

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