Ex is still a Tennant and causing issues

[Elizas13]

Hi everyone,
made and account here because I don’t know where else to look for help over this. I live in a council house and sadly my ex is still on the tenancy. Our break up was ‘friendly’ and for his and the kids sake we agreed he could stay on the tenancy in case of the worse. He now private rents and we have 50/50 custody for the kids. I want my new partner to move in with me, but my ex is not allowing it saying it’s his right as he’s still on the agreement. I’d rather not move as my current house is lovely! I’ve searched google to no avail on if he has the right to stop this or not (he doesn’t pay rent or any bills to my house, obviously as he doesn’t live here) and I’ve gone on to the council but they keep saying they’ll ring me back!

Anyone experienced in housing and tenancy agreements, or gone through this themselves?

many thanks

Are you divorced (formerly married) or just permanently separated after living together.

Your ex can't legally maintain the LA address if he's moved out.

If you have proof that you and he are separated or divorced and he has a new address then you need to go to the council and ask what the procedures are to get him off the tenancy amd have it solely in your name.

Go to the council office. Don't just call them.

With most social landlords you have to live at the address to keep the tenancy, so you should be able to heave him removed. Or they might end the joint tenancy and give you a new contract.

If you want legal advice but have no money for a solicitor contact Shelter, or google for your nearest Law Centre. They help people who receive legal aid or would otherwise struggle with fees.

Often part of the council tenancy agreement will be the statement that you don’t have another tenancy somewhere else. He does.

if you are joint tenants, then he would need to agree to come off the tenancy,

ex has no right to say who does or doesn’t live there, what’s he going to do? Tell the council? They won’t care who lives there as long as you are not committing fraud or issues with tenancy (like over crowding).

How long since he left has his name remained on the tenancy? Is there a risk of you being accused of fraud and having to pay money back?

Thanks for all the quick replies! Will try and get back on the phone with the council for the hundredth time. To answer some of the other questions, no we was never married, there’s no worry of fraud or paying anything as I gained nothing financially by keeping him on the tenancy.

Is is more about him worrying about a new man moving in with his children?

No it’s not, if it was I’d completely understand him. But he has, on multiple occasions, asked my partner to look after the kids for a few hours whilst he goes off and does whatever (on the days he has the kids and I’m at work).

your ex has no rights to say who does or doesn’t live there.
I suggest you inform your housing department that he has moved out (& places like council tax, electoral role).