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Original poster

H not in tenancy for my housing association house. Can I kick him out legally?

12 replies

Lhia29 · 09/02/2020 19:42

I have another thread running about the whys but the info online is only for joint tenants. Has anyone done this before? Does he have a legal right to stay if I ask him to leave? He's not on the tenancy. Has lived here 3 years.

OP posts:
Original poster
Lhia29 · 09/02/2020 19:46

I know he'll ll be difficult so I don't want to tell him until I'm sure I can kick him out of he gets nasty. I thought if it was only my name on the tenancy he'd not have a claim to it but does being married give him rights?

OP posts:
Original poster
Lhia29 · 09/02/2020 19:49

I'll call the cab and council this week but I'm freaking out a bit and worrying that I'm going to have a horrible time trying to get him to leave the house.

OP posts:
SpinneyHill · 09/02/2020 19:49

My partner and I are married or in a civil partnership
If you are married, even if your name is not on the tenancy agreement you automatically have a right to stay in the home even after your relationship ends, provided you are still legally married .Your rights are called 'home rights’ and can only be ended by divorce or death.

This is from Merton council, seems to be the same across the board

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Original poster
Lhia29 · 09/02/2020 19:51

That's what I thought. This is going to be awful.

OP posts:
Whynosnowyet · 09/02/2020 19:53

Have you got dc? I read on where that dm +dc take priority over keeping the home if HA/Council.

Original poster
Lhia29 · 09/02/2020 19:54

He's been emotionally abusive but not so overtly that I can get an order or anything. And he'll drag his heels and be awful. I can't afford a solicitor.

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Whynosnowyet · 09/02/2020 19:54

*on here.

Original poster
Lhia29 · 09/02/2020 19:54

We have 2 dc, one with disabilities.

OP posts:
Anyoed · 09/02/2020 19:54

So I lived with ex for 8 years have a 3 year old and the tenancy was only in my name not joint he was down as living here but not a tenant. He would not leave when I asked him begged him and shouted . So I called the police who called my housing association but I was not married they confirmed he was not on as a joint teneat. The police then removed him. Just to add obviously I called 101.

CodenameVillanelle · 09/02/2020 19:54

If you're married then yes. I guess you'd need an occupation order but I'm not sure what the grounds would be.

Original poster
Lhia29 · 09/02/2020 19:56

I was thinking of that as a back up if he gets abusive/nasty but now it looks like I'm stuck. I'll ring around tomorrow to check out the rules for married couples in this area.

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Original poster
Lhia29 · 09/02/2020 21:39

I'm hoping he'll just want to leave once he knows things are over as ill be the resident parent.

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