Couldn't decide whether to post here or divorce section, but here probably more appropriate. A friend has just discovered she's on two social housing tenancies concurrently. And has been so for 10 years without realising. Now trying to resolve it (come off of one tenancy).
10 years ago she left her husband after a short marriage. They had a council house together, which was originally solely in her name, but he was added to make it joint after he moved in.
When she was moving out she successfully applied for a housing association house locally (within same LA if that matters). The new housing association told her that they wouldn't let her sign the new tenancy until she had come off the old one. So she contacted the council and requested to come off their tenancy. They said she'd need to clear her half of the arrears, which wasn't a large amount, so she promptly did so and then went back to the housing association who duly progressed the new tenancy agreement. Perhaps naively, she assumed that she'd been removed from the previous tenancy by the council and she never heard any more from them. They've never 'got round to getting divorced', despite both moving on and having completely separate lives and finances for the last decade. He does pay child maintenance.
Now it transpires that she was never actually removed from the original tenancy and that ex partner is in major rent arrears. He got in arrears a few years back and was even taken to court over it (which presumably my friend was also named on the court summons, yet was never informed of). He agreed a repayment plan, not sure if there was a CCJ, but if there was, it hasn't appeared on my friend's credit file.
Looking at the legals for social tenancies, it appears that one party of a joint tenancy can't just be removed from the tenancy anyway? Except by order of the courts, as a resolution during divorce proceedings. Other than that the only way to separate a joint tenancy is by terminating it (giving notice to quit)? And then the council can (discretionally) give the remaining tenant a new sole tenancy to effectively remain in the property. The council never explained any of this to my friend, just led her to believe that all she needed to do was pay her half of the arrears and she'd be removed by them.
It appears that, in our LA at least, one party to a joint tenancy can only give notice to quit if there are no rent arrears? So my friend can't even just give notice and end the old tenancy because her (not quite) ex has run up substantial rent arrears. The council states this is covered under clause 86F of the 1985 Housing Act. But I've been unable to locate para 86F, it doesn't seem to show up in the legislation shown online??
Now the council's advice is for my friend to commence divorce proceedings and get the court to remove her from the council tenancy as part of their financial settlement. They don't really have any other assets, no savings, pensions, or property to argue over. Only financial issue (that she's aware of) is the debt from his rent rent arrears. But obviously it's going to take quite a long time to get a divorce finalised when they've not yet even started it.
At the moment friends ex doesn't know that she's now properly aware of the situation with the tenancy. He must know about it still being joint because presumably all the correspondence must still have both their names on it. Yet he's conveniently never said anything, despite telling her all about his (their!) previous court summons.
My friend is a bit worried about what the implications of this situation are, or the best way to try and resolve it. There's no way her ex would be eligible for the house that he remained in, not at the time they separated, and not now. Currently there is massive over demand for social housing round here, I'd be surprised if the situation was much different 10 years ago? He has moved in his current girlfriend and her child, so it's not like he's a sole occupier of a 3 bed house by himself (as he would have been at the time they separated). Whatever happens it's likely to cause a lot of bad blood between them to resolve.
What does 86F of the 1985 Housing Act actually say?
Is there really no way she can serve notice because of his rent arrears?
The only way to resolve is is by divorce court order?
Are they likely to let him stay there, especially given that he seems to have spent most of the last 10 years in arrears with his rent (he has a decent job/income, so no valid reason for it).
Seems a bit odd that the LA allowed this situation to come about in the first place? Does a separating couple both have entitlement to a council/HA house each?
What's the likelihood that she'll end up having to pay half his current/future rent arrears to get herself off the tenancy?
Is it possible/legal to legitimately be a tenant on two social housing tenancies? Is it likely the tenancies have clauses against this? Friend is worried that she could be in trouble, e.g. a breach of both tenancies, void tenancy agreement? My understanding is that both tenancies are 'secure', but could a historical breach invalidate that?
Friend is almost tempted to just sit on it and keep the status quo - it's worked out ok for the last 10 years afterall. But equally is worried about having liability for his rent arrears.