Joint tenancies and social housing help!

[debauchedsloth]

Just had a neighbour over absolutely beside herself. Yeah, very merry Christmas:(

She's a joint tenant with a local social landlord her husband is the other joint tenant they have two young DCs.

They got divorced a couple of months ago. He refuses to leave the house/give up the joint tenancy. He absolutely will write to get her off the tenancy (stupidly he seems to think he'll get to stay in the three bed house like yeah you will).

Im anxious that this would mean she has become voluntarily homeless, by giving up the tenancy? Am I wrong? So they wouldnt have a duty to rehouse her?

When she called the Ha they said as she and ex have separate rooms they can stay living there as co-tenants/house-share thing.

The HA website says both need to write to say they have agreed x to come off the tenancy. He won't do that other than to get her out. So she's trapped in a house she hates now, with a brute of an ex, isn't she?

I have been lucky and never had anything to do with housing associations/rentals and wondered if you folks might know. Thanks

This is a difficult one. He isn't going to voluntarily make himself homeless. Unless she can get a court order forcing him to leave then she is stuck.

Can she not save up and move out?

The HA should help her. They might rehouse him and leave her in situ, which is what happened when I divorced. They might rehouse them both if the home is deemed too big for either to stay there in the circumstances. If the 2 x DCs are staying with her, there is a good chance that the HA will leave her in the home and give him somewhere suitable to live, maybe a studio flat or 1 bed flat.
It depends on the HA. A call to them will clarify things. Do tell her not to give that tenancy up though, the HA should have a responsibility towards her.

You describe him as a brute, does that mean he is abusive? In cases of domestic abuse the council has a duty of care and will have to accommodate her separately.

Yes he physically assaults her. Mostly coercive control tho. Financial abuse.
The HA said if she felt threatened by him they could offer her a hostel -- about 300 miles away. The violence is very rare (atm) and the DCs are settled here plus she works here so she is adamant she won't move out if the area

No. She's on v low income and pays all the household bills as her ex doesn't contribute a penny, never has, because "universal credit pays for her" he says.

Surely that can't be right though? I'm appalled if it is. She's basically imprisoned with him, by the HA.

She can apply for an occupation order with the courts. They are free and it can be done without notifying him first if there is any risk towards her. She can also then apply for a transfer of tenancy but she needs to get him out as a priority.

https://www.gov.uk/government/publications/apply-for-a-non-molestation-or-occupation-order-fl401

Thank you manhole this is the case. The DCs def would stay with her. Her English is fine for normal life but fails when complex or procedural matters arise. I'm going to go to the Ha in person with her asap and see what my mature old self can achieve for her this cannot be right, that she has no option but to stay shackled to him for life

This isn't the HAs fault OP. They have a duty to house, they houses her. She chose to share a tenancy. They're not obligated to get him out or rehouse either of them.

If he hits her then she needs to contact the police each time, get SS involvement and they might be able to help her further. Hopefully they'll step in to protect those kids

@GlitchStitch thank you that's really helpful as a back stop

@gamerchick yeah you're right and I see from MN that many women end up having to live with an ex unfortunately. I guess I'm just very naive. Less so as today passes!!

Social services are involved as DCs are v distressed.

I agree. It's not the HA's responsibility to police situations of domestic abuse. Perhaps it would be worthwhile contacting the CAB to see if they have any suggestions.

Typical fucking HA. Letting an abusive man keep more bedrooms than he needs while others are in hostels

She needs to apply to the courts for an occupation order and a non-molestation.

She can phone Rights of Women for help to do this. Has she reported his abuse to the police, this is likely to be the first step.

She can contact Southall Black Sisters who can help her get him out.

She has to stay in that tenancy and not look for private rentals! She will never get back in the system again. If she is the primary carer for kids and he is abusive she can speak to the HA about this and seek to have him forcibly removed from the tenancy.

She will have to be strong though. She will have to inform the Police that he is abusive with examples. Even if she says that she is being emotional intimidated and harassed by him.

I'd suggest speaking to a DV charity like Women's Aid for advice on how to seek support to get him off the tenancy due to abusive behaviour.

I live in HA. There are no spare properties lying around and it's like gold dust having this security. She needs to understand that she must be strong and do what it takes to get him out. She may feel uncomfortable going to the Police or Women's Aid but this is the best thing for her. He clearly gives no shits about his children.

Moves the problem and the obligation onto another Local Authority area doesn't it. Less workload for the HA.