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Housing after break up, rights?

6 replies

Information1 · 11/06/2013 11:34

Writing this on behalf of a friend.

Living in a housing association house, dp has cheated, now left property, says has rights to come back as both names on tenancy, the tenancy is a starter tenancy.

What does my friend need to do to remove her dp name off tenancy, he will not remove his name,he will not pay any rent.

Friend has written evidence of the cheating, 2 young children also living in property.

Can anyone advise what next steps my friend needs to take as she is exhausted.

TIA

OP posts:
Collaborate · 11/06/2013 11:58

Under the Family Law Act or the Children Act the court has the power to order a transfer of tenancy. She should see a solicitor, but be prepared to pay. Legal Aid is no longer available save for victims of domestic violence.

Information1 · 11/06/2013 12:03

Thank you.

Can she get an occupation order?

She does not have a lot of money as is trying to keep up with all the rent, bills etc.

OP posts:
HeySoulSister · 11/06/2013 12:48

why doesn't she go to the Ha? they will have seen this many times

Collaborate · 11/06/2013 12:57

She won't be able to get an occupation order without there being some DV. However Schedule 7 of the 1996 Family Law Act gives the court the power to transfer tenencies between former cohabitants.

prh47bridge · 11/06/2013 13:01

She may be able to get an occupation order but it would only be a temporary measure. She would still need to sort out the tenancy.

Information1 · 11/06/2013 13:08

Ok thank you, she is going to call the HA to ask.

Temporary won't really work, although I think she needs to get something in place ASAP as it says online that either tenant can end the tenancy which means if he gave notice to quit even without her consent, she would be homeless in 28days from date of notice to quit, this is a worry.

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