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Original poster

Not on tenancy. Chances of getting court order to be named?

29 replies

mrspoisson · 15/09/2020 13:28

I'm living with my ex partner and our 4 year old child in social housing.

I've been wanting to leave for a while, but as I'm sole carer, I have been unable to work full time and move out.

I've been reading up about a court order to add an unmarried partnership to a tenancy if children are involved.

What are the chances of being granted to be named on the tenancy and there is a likelihood of ex finding out, soni worry if I gp through this procedure that he can just throw us out and I'll be homeless.

I'm going back to study in october and child has started primary school. I think it beneficial if I were named on it.

OP posts:
Original poster
mrspoisson · 16/09/2020 08:20

Anyone done this before?

I'd like to apply but don't want it to backfire if ex thinks I'm causing problems.

OP posts:
toomuchpeppapig · 16/09/2020 08:21

Surely he'd have to give his permission?? Otherwise any random person could apply to be on a tenancy?

Original poster
mrspoisson · 16/09/2020 09:19

Well from what I've read, the court can transfer me on if it's in the best interest of children in a relationship.

Just wanted to make sure. That's why I was wondering if anyone had been in the same/similar situation or knows about how it works.

OP posts:
BlueJay99 · 16/09/2020 09:23

It's his tenancy. They wont just add you on without discussing with him. Has he left the property? Who is currently paying the rent?

FelicityPike · 16/09/2020 09:27

I take it you’ve already asked the council or letting agency?

FelicityPike · 16/09/2020 09:28

Also could you afford the rent?

Original poster
mrspoisson · 16/09/2020 09:50

I could claim housing benefit to pay the rent.

I was signposted this information from someone when I asked about housing options after a relationship breakdown.

It's not council or privately rented but housing association. The rent is affordable, and as I said before, my child has a place in a really good school and friends in the area so it would benefit her to remain here.

I would just like to know the procedure and likelihood of being put on the tenancy.

OP posts:
Original poster
mrspoisson · 16/09/2020 09:50

He lives at the property.

OP posts:
VanCleefArpels · 16/09/2020 10:03

You can’t claim housing benefit - you would need to claim UC which includes an element for housing costs. You usually have to make a joint claim with your partner unless you can show you are living a separate life under the same roof.

Have you spoken to your council housing officer about your options if you leave? If you declare yourself homeless due to relationship breakdown the council in most circumstances have an obligation to find you somewhere to stay.

moveandmove · 16/09/2020 10:05

Do you mean you want to stay there living with him?

PawPawNoodle · 16/09/2020 10:34

Why do you want to be added to the tenancy? Do you want it to become a joint tenancy and then kick him out (which wouldn't achieve you having the sole tenancy anyway or guarantee you can remain there), or just live there together despite wanting to leave?

In terms of HA tenancies my (personal rather than professional) experience is that you can be named as living there but not added as a joint member of the tenancy, as this would involve a whole new tenancy agreement and an assignment, which would need at the very least your ex-partner's involvement.

Buzlightyear1 · 16/09/2020 10:36

So I think I understand what you want. He will definitely find out if you go to court. Then there would be some kind of hearing I suppose. But I don’t think you would get it. Are you wanting him to move out ? Otherwise I can’t really see why you would want to do this. If you do want him to move out and you be left with the house and claim if. I do t see that happening to be honest. That’s far fetched

Original poster
mrspoisson · 16/09/2020 12:36

I want to stay there because it would benefit my daughter.

So I would really need to get a full time job to pay for rent and Bill's etc? And cant claim any benefits? It would be hard since her dad does nothing for her. I do 100% of the parenting.

If theres a way her would find out, I wouldn't go down that route as he will kick me out and take DD.

OP posts:
Greysparkles · 16/09/2020 12:41

If course he would find out, and he would still be a tenant as well?

Aare you proposing you want the HA to transfer his tenancy to you and kick him out? Because that's never going to happen.

Original poster
mrspoisson · 16/09/2020 12:50

I'm not sure what would happen. Like I mentioned up thread, someone who was trying to help with housing options suggested this, so I wanted to see if anyone else had experience before I did anything.

I would just have to pretend to be in a relationship with him until DD starts high school then.

OP posts:
Puppy72 · 16/09/2020 12:57

Unfortunately this won't work. If you've moved in to his property and he's named on the tenancy, he would have to agree to you being added to the tenancy, in the same way as if you moved into a partners house who had a mortgage but wanted to be named, they would have to agree to that. Its not something you can do behind his back. Why don't you find a private rental near by in the same area and claim the housing element of UC. Its not a very healthy atmosphere for your daughter to live in the house where her parents aren't together but pretending like they are. Ultimately it's his house and sorry if this sounds blunt but you have no right to be added to the tenancy unless he agrees.

slipperywhensparticus · 16/09/2020 13:00

Can you not get a place to live yourself? He can't just kick you out and keep the child are you paying towards the rent or bills?

VanCleefArpels · 16/09/2020 13:09

Please don’t just stay in an unhappy situation. Speak to the Council and explain the situation. You should be proactive about this as there’s nothing stopping your partner from changing the locks and preventing you coming in.

Original poster
mrspoisson · 16/09/2020 13:10

I pay little as it's been difficult to find a job that fits around DDs drop off and pick up times. I'VW had to do this as I have no access to money what so ever. He uses his money to gamble and he's lost thousands, so I've had to support me and DD mostly. I clean the house and cook so that I dont get on his bad side.

OP posts:
Boomboomboomboom · 16/09/2020 13:11

you could make an application to the court to have the tenancy transfered into your sole name, but he would know snout that as he would be the respondent and could defend it.
Have you spoken to your local authority housing options team about your options?
The Housing association are only likely to help if there has been significant domestic violence as you are not tenant.

Original poster
mrspoisson · 16/09/2020 13:11

I live in london and chances are, I'll end up in a b and b. I'll disrupt DDs education and I dont feel I can move as I cant drive or even afford to learn to drive.

OP posts:
Puppy72 · 16/09/2020 13:15

You'd be better off calling your local council and asking for assistance as you're about to become homeless. I wouldn't put yourself or your daughter in a further complicated situation by wanting to do this behind his back. You should also receive a standard adult and child allowance for universal credit, it's not a huge amount but if you can budget you should be OK until you find a job that fits around your circumstances, call citizens advice they'll help you. Have you thought about cleaning jobs or anything like that? My next door neighbour lives in a beautiful house and is obviously wealthy but she's a cleaner.. There's no shame in it. I would do whatever work I could if I needed to. Cleaning work can also fit around your school runs too.

VanCleefArpels · 16/09/2020 13:21

Any disruption to your daughter’s education at this age is insignificant compared to the impact of living in an unhappy toxic abusive home. And there’s you to think of too - don’t you deserve better for yourself and by extension for your daughter?

slipperywhensparticus · 16/09/2020 13:24

FML leave the area get a fresh start go to the housing association see if they can source you a property elsewhere

Collaborate · 16/09/2020 13:33

There's some incorrect advice on this thread.

Under Schedule 7 of the Family Law Act 1996 the court can transfer the tenancy in to your name.

As pointed out up thread the other party will have the opportunity to defend the application, but the court will take in to account the following:

In determining whether to exercise its powers under Part II of this Schedule and, if so, in what manner, the court shall have regard to all the circumstances of the case including—

(a) the circumstances in which the tenancy was granted to either or both of the spouses[, civil partners] or cohabitants or, as the case requires, the circumstances in which either or both of them became tenant under the tenancy;

(b) the matters mentioned in section 33(6)(a), (b) and (c) and, where the parties are cohabitants and only one of them is entitled to occupy the dwelling-house by virtue of the relevant tenancy, the further matters mentioned in section 36(6)(e), (f), (g) and (h); and

(c) the suitability of the parties as tenants.

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