To want him to just go, what are my rights?

[Loulou299]

Married living in a social housing property, he moved into this one to live with me but I'm sole tenant here still.
He doesn't want to be with me anymore which is fine so I expect him to leave but he won't
He's going to citezins advice etc getting all his rights whilst being a twat to me in my own home
I've tried to get online to get advice from shelter etc but no luck does anyone know if he has rights to stay here with me or I can just get him out? He's rude and making my life a misery. He won't just go, if he's not joint tenant can I lock him out and be done with it or what?
Anyone had experience with this before? TIA

I think you will need legal advice and to contact the housing association/council. I believe because you are married and it is the marital home he MAY have some rights.

He will have marital rights on the home but he might not know that. I'd kick him out and let the police deal with it if he kicks off. The police will ask you who is the tenant, that person is you so they won't get involved in a civil matter.

You can get a free hour with a lot of family solicitors. You’re going to need one anyway, call round a few and start to understand the lie of the land

Put his stuff in garbage bags and change the locks. Job done.

I had this but the other way round. I had marital home rights until the day the divorce became final so would have been homeless after that date (I then went on to get a court order for the tenancy to be transferred to my name and he left).

I'd probably go with changing the locks and dealing with the consequences. But best you get legal advice asap. Especially if you think there's a possibility he could get nasty.

It is not clear from your OP, but is he threatening you? If he is making you feel unsafe in your home, you can call the Police and ask for him to be removed. You can then apply for a non-molestation or occupation order to make it permanent.

Otherwise, I believe he has the right to stay as you are married, however as your name is on the tenancy and his isn't, he will have to go once you are divorced. If you have no joint assets for division (savings, pensions etc) , it should be fairly straightforward to divorce him. You can do it online here: https://www.gov.uk/divorce/file-for-divorce

I've been through this but the other way around. I had absolutely no rights to the house as a registered person living in the house, it was my husband's house only. I would have had to go through the courts to get the tenancy changed and even then, it wasn't guaranteed.

Change the locks, if he turns up call the police.

So much wrong advice here.

It is who is ON the tenancy. She is the sole tenant therefore he has no rights, even if they are married.

OP - speak to your social housing provider and they will confirm this.

Go to a solicitor in terms of starting the divorce. Legally separate so you aren't responsible for any debts he might run up. I'd change the locks and phone the police if he tried to gain entry. If you don't want to do that, then report any abuse, including verbal. He can't just behave however he wants towards you. He'll be hoping to drive you out, don't let him.

Is he named on the tenancy? If not, he shouldn’t be living there anyway- married or not. All adults over 18 should be named on the lease.

This isn't true for social housing. You can have the main tenant and then other adults registered as living there, who are not on the tenancy.

That’s what I mean. I read it as the OP is the sole tenant (as in he is not registered there)

I read it as she is the sole tenant and he is just registered as living there. It definitely happens because it has been like that for me for the last nearly 15 years.

If my husband decides I have to leave, I have no rights because he is the sole tenant.