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2 names on tenancies. 1 kicked out. Rights?

(15 Posts)
sleepingsatellite18 Fri 01-Feb-13 23:26:24


Trying to grab some info for OH's cousin.

Her & partner live in a private rent 1 bed flat with 2 children. Things have been wobbly for a while, about 10 days ago partner took her keys and is refusing her back in.

She's been stayin with us and her 2 kids.

Where does she stand? My OH has been trying repeatedly to talk to him.

No way of getting a deposit for a new private rent.
(she's on maternity leave at the moment)

I am going to accompany her to our local council see If they can help, have no idea where she will stand with them.

Anyone got any advice or know about this?

Thanks in advance

StitchAteMySleep Fri 01-Feb-13 23:46:58

She qualifies as homeless and in priority need so the local council can house her under part 7 of the Housing Act 1996.

They may seek to mediate in order to get her access to her rental property, but given the situation that is unlikely to work.

If she gets legal representation then she could potentially fight him for rights to remain as she is a tenant, but that would all take time and money that she doesn't have right away.

Don't let them send her away, they have a duty to house her. If they ask if she can stay at yours say no you cannot have her long term/past x date. They can put her in emergency housing the same day you go there, but if you give them a couple of days before she has to leave yours they usual find something more suitable for somebody with children.

If she phones the 101 Police number she can arrange for them to go there with her to gain access to her and her children's belongings.

Once she has some temporary accommodation, she can see about legal advice re the tenancy if she so wishes.

cumfy Fri 01-Feb-13 23:49:17


Theft of keys.

cumfy Fri 01-Feb-13 23:51:52

While he is at police station "assisting police with their inquiries": change locks.

Council will not solve the problem satisfactorily.

StitchAteMySleep Fri 01-Feb-13 23:53:39

The legal document she would require from the court is an occupation order a day it is highly likely they would transfer the tenancy to her name as she is the main carer of the children. If she could stay with you long enough to get legal advice and make an application to court then she wouldn't need to go into council temporary accommodation.

StitchAteMySleep Fri 01-Feb-13 23:56:39

Council can also help with deposit for new private rents.

SolidGoldBrass Fri 01-Feb-13 23:58:30

If her name is on the tenancy he has no legal right to lock her out; call the local police DV unit and ask for assistance. If he behaves aggressively to the police, they will remove him, by force if necessary, and help her get a court order barring him from the property (the one who is violent is the one who has to leave).

sleepingsatellite18 Sat 02-Feb-13 00:13:37

Thank you all for your replies.

Yes we looked online and saw about getting a lawyer but we weren't sure how long this would take and about funds? Do you qualify for legal aid on maternity leave?

There is a local homeless shelter who help with deposits and private rents too - we were thinking of going there if no luck at council.

Things have been a bit unstable with them or a while, and they have 2 small children in a tiny 1 bed flat - we told her a while ago to get her own 2 bed private rent and move out - there are hardly ANY estate agents in the borough who will accept housing benefit (she's on mat leave so will need housing benefit)
We thought the council or homeless shelter might have links to landlords

StitchAteMySleep Sat 02-Feb-13 00:30:47

My local council had a list of landlords that take hb for people in priority need.

She might qualify for legal aid as she is on a low income.

SolidGoldBrass Sat 02-Feb-13 01:39:50

OP: the tenancy in her current home is in her name as well as his. She has the right to live there, he does not have the right to lock her out without a court order. If he is aggressive and violent he can be removed.

Is it the case that she wants to leave her home because he has smashed it up. or because he and his friends and family will abuse and harass her if she stays there?

Collaborate Sat 02-Feb-13 06:33:50

She can apply for an occupation order under the Family Law Act. This would force him to allow her to return, and depending on his he'd behaved might make him leave. He can also be ordered to pay the rent for a while, but that depends on his and her incomes.
She should see a family solicitor.

Collaborate Sat 02-Feb-13 07:51:11

Just to add: she is likely to qualify for Legal Aid.

sleepingsatellite18 Sat 02-Feb-13 13:41:34

Hello again

Yes, our local council has a list too but it appears to be shrinking by the day. We have spent the past week phoning so many landlords and estate agents.

He hasn't actually been violent towards her...I think this is more psychological?
She has expressed that she just wants to get away somewhere new, so ideally we'd like to just another private rent for her but it's just not going so well.

I am hoping, for her, that the council will help at least find a private rent, given all the circumstances, I think it would be better for her to start afresh somewhere more appropriate...rather than start fighting through court for this tiny 1 bed flat anyway.

Just not sure if council would rather her do it that way.

We shall see what they have to say on Monday!

SolidGoldBrass Sat 02-Feb-13 16:39:08

Given the shortage of affordable housing, the council may very well prefer evicting the man and getting her and her DC back in their home, to rehousing her. His locking her out is going to be percieved as abusive behaviour which may help get a court order to remove him.

sleepingsatellite18 Sat 02-Feb-13 21:35:42

Thank you, solidgoldbrass, I do agree about the social housing - especially where we are.
They don't do life tenancies here anymore either, neither of us are expecting her to be helped in that respect, just maybe a push for help in the private sector. That would be ideal, although like I said, so, so few landlords here will accept housing benefit I'm not sure of the likelihood of that either

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