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Please can you help?

(7 Posts)
madasa Wed 05-Oct-16 20:31:52

Hi I need some advice please.
My step daughter is in the most dreadful state.

She has separated from her partner but has been living with him amicably for the last few months. She is on the council list and has been actively bidding for a property so it's not like she isn't trying to do the right thing but she is one of hundreds of people bidding.

They have a two year old daughter and suddenly out of the blue on Saturday he told her he is evicting them both and they have 30 days to get out. She has no idea where this has come from but is obviously very worried.

To give you the full story I need to add that he is classed as having a mental disability having had a car accident when he was a child. I don't know the full details but I do know that he was awarded half a million pounds which was put into a trust fund. He has an appointee that deals with his finances and the house apparently is in the name of some financial person (sorry I don't know exactly who). he has a support worker who supports him 3 times a week.

My questions are:

Is he legally allowed to evict them?

Does he have a legal responsibility to financially support his daughter even though he has a disability? Although he gets benefits he does have access to any money that he wants i.e. house repairs, holidays etc.

I'm sorry for the essay but her dad and I need to support her and have no idea of the legalities involved.

Thank you

Familylawsolicitor Wed 05-Oct-16 22:32:44

Is the property rented or owned and in whose name?

madasa Wed 05-Oct-16 23:49:02

Hi, it's owned but is not in her partner's name. He has a financial appointee and apparently it is in their name....I don't understand the ins and outs but that's what I've been told.

MrsBertBibby Thu 06-Oct-16 08:04:56

The short answer is yes, she can prevent him evicting her by obtaining an occupation order but that's a temporary measure (probably up to a year) to give her time to sort herself.

She might well find herself in the same boat when it comes to the crunch, though, so it might be better to face it now, get emergency rehoused, (grim, but hopefully not long term) and get herself into social housing that way.

CMS maintenance may be payable, at least from his benefits. Her best bet is just to apply and see what happens. It might also be worth seeking advice on a claim under schedule 1 Children Act against his capital, although unless they're in a very low cost housing area that may be unrealistic.

MoggyP Thu 06-Oct-16 08:07:54

If he actually evicted her, then she becomes formally homeless and therefore much higher up the priority list for housing.

It's shit to go through, but it might bring the right result in terms of a new place to live.

madasa Thu 06-Oct-16 21:07:03

Thank you all for your replies.
I think her worry is that although she will go higher up the priority list she will have absolutely no choice where she ends up and there are some pretty dire areas in Northampton. she's not expecting the moon by any means but does want to bring her daughter up somewhere relatively safe.

MrsBert thank you for your advice.

She received an 'notice to quit' via e-mail today in which it stated that if she appeals she may well have to pay court costs and also end up with a ccj against her. It came from the solicitors acting on her ex partner's behalf.

Even if he tries to retract the whole thing she is still going to plough ahead with legal advice and get out because as you say she may end up in the same position in a year's time. She just wants some more time.

I don't understand where it has come from. They have been best of friends, co-parented our granddaughter and there has been absolutely no animosity whatsoever. She has been actively looking and bidding so it's not as if she hasn't been trying.

She went to the CAB today and was told she is entitled to legal aid and she has another appointment next week. I will look into the Occupation Order and the maintenance advice.

Thanks again

MrsBertBibby Fri 07-Oct-16 08:48:42

If he's messing about like that, she needs to get an occupation order fast.

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