Council tenancy forced out tenancy takeover help

[TenancyHelpNeeded]

I hope someone is able to advise, I haven’t been able to get any answers from Google.

Sibling was given council house tenancy a few years ago as she was leaving her ‘D’H so tenancy is in her name only. The 3 DC went with her.
He, unfortunately, moved himself in. For the sake of a quiet life, & DC, she didn’t force him to leave so they have been living there together for a few years.
She had tried to tell him it’s over several times but he wouldn’t accept it and wouldn’t move out. She finally had enough late last year and said enough is enough and she wants a divorce. He was so hideous to her that she left and has been camping out at DM’s for a few months with the two youngest. Older 18 year old stayed in family home as DM only has a 2 bed and my sibling is having to sleep on the sofa.

She tried to go back and say you need to leave so we can move back in, you are depriving DC of a home etc etc and he just wouldn’t have it.

Now things have become slightly more pleasant. He seems to accept it is finally over and said he will leave in the middle of March as he has ‘things to sort out.’

Now to my question.

TL:DL
married couple, council tenancy in only one name. If named person has lived away for 6 months, can the non named person claim the tenancy?

I feel he is hanging in for a specific time but can’t find any info to confirm my suspicions. Will he actually be able to claim the tenancy if sibling hasn’t lived in the house for a period of 6 months.
Any advice as to what she can do please? She just wants her home back so her and all the DC can live together again.

TIA.

Yes, both, she can be evicted, it’s a very small amount of time you can not live there, like two weeks. there is a high chance he can be awarded tenancy as he has lived there for years , it’s not just six months. She’s conned the council and lived there with him from the start

She needs to call the NCDV and request an Occupational Order. Once issued by court (without his knowledge) this will have him removed from the property by police.

This will be covered by legal aid under the domestic abuse gateway

@Somebatshitteryonhere
She didn’t con the council- nice and judgmental there.
He is abusive. She was given a council house, but had to wait 14 months before she could get the keys due to them needing to refurb it. She excitedly left to start her new life but he forced his way in. She didn’t have the strength to battle to get him out. He’s still using his might to win by forcing her out of HER home and depriving DC of a family home.

thank you @ProhibitedSteps very helpful. I will pass the info on.

If his name isn't on the tenancy surely she just needs to call the police to remove him as he is trespassing.
(Obviously easier said than done in abusive relationships).

She spoke to the council @Needmorelego because they are married and he’s been living there, sadly he has equal rights, so it’s not trespass. Unless he gets violent the police can’t come and remove him.

@TenancyHelpNeeded sorry. I kind of assumed his name would need to be on there too.
Who pays the rent? As in which bank account? If it's from her bank account that might show its 'her' house.
But unfortunately I don't know if that will make a difference.

An occupation order will not be executed by the police.

An occupation order is very rarely given without notice to the party whom it affects.

The property is the marital home and he has rights, whether she likes it or not.

She CAN apply for an occupation order, and the court will decide who should live there (probably the parent with care of the youngest children as they will be the priority for housing), but there are never any guarantees.

She should move back in, even if he's there if it's safe to do so, and then make the application for the OO.

At the point where he attempted to move back in, she should have informed the Police or the local DV womens services. What did you do to support her?

if she was granted a house on ground of separating and she allowed him to move in so it will be probably treated as fraud

he is abusive, she had a chance to get out but let him in again?

has she contacted Citzens Advice Bureau?

it is a complicated situation but since she is living with your mother she will probably not be classed as homeless and get help again - she made herself homeless by leaving the home - she let him in

did the council give him a set of keys?

he will not be evicted unless the rent isn’t paid - who is paying the rent?

Was your sibling separated from her husband when she took on the tenancy?

Who pays the rent? As in which bank account?
her.
What did you do to support her?
why?
if she was granted a house on ground of separating
She wasn’t.
he is abusive, she had a chance to get out but let him in again?
Do you have any experience of dealing with people in abusive situations?
who is paying the rent?
she is
Was your sibling separated from her husband when she took on the tenancy?
no. She was given the house, she then left him and moved in.

I don't know the legal side of it but if it's just her name on the lease and her bank account that pays the rent could the locks not be changed while he is out? He won't be able to get in and as it's not his house if he tries to break in then the police get called.

She could have had him removed by the police.

My sister had similar - had her council house pre meeting her husband, who was abusive. He had moved out a few weeks before into his friends, his friend had booted him out that evening due to his behaviour. He was drunk, trying to kick the door in, being a cunt.

They quickly popped him in their car so she could safely open the door, came in, checked the tenancy agreement, told her that he had no legal right to live in the home, asked if they wanted her to take his keys (yes!) and then ran his name, and informed her of all the things he’d been arrested for/charged with previously. Quite the shocker.

They went out, took his keys, told him he had no legal right to live there and that he would be arrested if he turned up again.

Is your sister planning to get a divorce?

She needs legal advice from shelter or someone similar, this but of tenancy law if complex.