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Original poster

Can a social tenancy be switched to the other parent if a couple split and the tenancy holder is abusive ?

17 replies

tenancychanges · 08/07/2023 15:18

One of my best friends has 4 dc. Lives with his wife but it’s her house (she got a council house before she knew him) so in just her name .
Shes vile and emotionally abusive. He can’t afford to live elsewhere but she has family nearby . He wants to split but doesn’t want to leave her alone with the dc . No professional involvement so far at all so what can he do ? Persuade her to add him? Go to SS and get her to leave but it’s not DV just emotional ?

OP posts:
Original poster
tenancychanges · 08/07/2023 15:19

If she had a conscience she would just leave and move in with her mum, sister or cousin but I don’t think she is self aware at all

OP posts:
GodspeedJune · 08/07/2023 15:23

No you won’t be able to switch the tenancy. Tenancies are only passed on in limited circumstances such as death of the tenant, if they had other family living there at the time of their death. Most tenancies only allow for one succession to avoid a family keeping hold of a particular property for generations on end. Your friend will need to seek his own accommodation.

Mrsjayy · 08/07/2023 15:24

He would need to apply to get his own place it's her house/,name on the tenancy.

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Family law
StormShadow · 08/07/2023 15:25

If they're married, yes it can happen as part of the divorce proceedings. He could apply for a court order.

FishOnAPlane · 08/07/2023 15:26

“Married couples and civil partnersIf you and your spouse are married or in a civil partnership, it does not matter who actually owns or rents the property. If your partner is the sole owner or tenant of the property, the law recognises that you have an equal right to live there as you are married or in a civil partnership. You will have this right until death or the marriage/partnership is dissolved. As such, if your husband/wife/civil partner asks you to leave because they own or rent the property, you are under no obligation to do so. Again, it is unlikely we will accept you as homeless unless you are at risk of violence.
You can seek an order from the court to have the ownership or tenancy of the property transferred to you. If your partner leaves and you remain in the property, you have the right to pay the mortgage or rent on their behalf. If you are on a low income or benefits, you can claim help with housing costs to help you meet the financial obligations on the property. If you want to seek an order from the court to have the property rights transferred to you, you will need to consult a solicitor.”

From local council info.^

Original poster
tenancychanges · 08/07/2023 15:26

GodspeedJune · 08/07/2023 15:23

No you won’t be able to switch the tenancy. Tenancies are only passed on in limited circumstances such as death of the tenant, if they had other family living there at the time of their death. Most tenancies only allow for one succession to avoid a family keeping hold of a particular property for generations on end. Your friend will need to seek his own accommodation.

This is the problem he can’t as has no savings etc and won’t meet affordability checks plus he doesn’t want to leave his dc there with her. So he effectively stuck in a situation with a controlling vindictive emotionally abusive person and can’t leave ? His only other option is to take the dc I would happily offer him a place to stay but she knows where I live.
he has parental responsibility

OP posts:
StormShadow · 08/07/2023 15:27

tenancychanges · 08/07/2023 15:26

This is the problem he can’t as has no savings etc and won’t meet affordability checks plus he doesn’t want to leave his dc there with her. So he effectively stuck in a situation with a controlling vindictive emotionally abusive person and can’t leave ? His only other option is to take the dc I would happily offer him a place to stay but she knows where I live.
he has parental responsibility

Show quote history

The poster you're replying to is wrong.

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_married_joint_tenants/married_and_civil_partner_joint_tenant_court_orders

Shelter icon

Married and civil partner joint tenant court orders - Shelter England

Various orders the court can make to decide who stays in the home in the long term after divorce or separation.

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_married_joint_tenants/married_and_civil_partner_joint_tenant_court_orders

FishOnAPlane · 08/07/2023 15:28

Very wrong, I post the info above the post you quoted op.

Original poster
tenancychanges · 08/07/2023 15:29

FishOnAPlane · 08/07/2023 15:28

Very wrong, I post the info above the post you quoted op.

Thank you

OP posts:
ThanksItHasPockets · 08/07/2023 15:29

Get him to call the Men’s Advice Line or Mankind. They both specifically support men in who are in abusive relationships.

Original poster
tenancychanges · 08/07/2023 15:30

ThanksItHasPockets · 08/07/2023 15:29

Get him to call the Men’s Advice Line or Mankind. They both specifically support men in who are in abusive relationships.

Thanks i will. I’ve had enough of it now seeing someone being crushed emotionally over years

OP posts:
Zebedee55 · 08/07/2023 15:35

I think it works differently with social housing. Succession is given under very specific circumstances.

If he has custody ofbthe kids, the council should help him though.

FishOnAPlane · 08/07/2023 15:38

Zebedee55 · 08/07/2023 15:35

I think it works differently with social housing. Succession is given under very specific circumstances.

If he has custody ofbthe kids, the council should help him though.

My sibling was in pretty much a similar situation recently. After telephoning the council they were informed that, as they were married, it didn’t matter that the tenancy was only in the other persons name, they had equal rights to the home and, if it came to it, a court would decide who got to stay there and keep the tenancy.

SoSadForCav · 08/07/2023 15:45

@tenancychanges

how old are the children?

StormShadow · 08/07/2023 15:46

Zebedee55 · 08/07/2023 15:35

I think it works differently with social housing. Succession is given under very specific circumstances.

If he has custody ofbthe kids, the council should help him though.

It doesn't. And actually, social housing is the situation where transfer provisions have most teeth, because the tenancies are usually lifetime or at least long term.

Zebedee55 · 08/07/2023 16:45

StormShadow · 08/07/2023 15:46

It doesn't. And actually, social housing is the situation where transfer provisions have most teeth, because the tenancies are usually lifetime or at least long term.

Show quote history

Um, with my tenancy the whole tenancy passed to me because DH had died. And we were married. They made it clear that any future partner would not count for succession.

StormShadow · 08/07/2023 16:51

Zebedee55 · 08/07/2023 16:45

Um, with my tenancy the whole tenancy passed to me because DH had died. And we were married. They made it clear that any future partner would not count for succession.

Show quote history

If you were married and divorcing, the court would be able to make an order. It's not the same legal provision as inheriting the tenancy if the tenant dies.

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