How to remove violent spouse from sovereign housing tenancy

[ThatZingyPearlStork]

How do you get someone removed from a sovereign housing tenancy when they’ve been previously violent to their spouse?

Said spouse is now mentally impaired but would like to return to the home where her son’s are. However her husband is still coming and going to the house, he leaves his children (12 & 13) alone and doesn’t feed them or pay anything for them. Their oldest brother is looking after them also at the same address. The only reason she is still not suffering from abuse is because she is currently living with her other son who is caring for her. However, if she’s not at the children’s home and her benefits will go to her husband, who is a drug addict and will spend all the money on that.

Social worker is involved but they can’t seem to do much because his name is on the tenancy?! How do we get him out? It’s such a tough situation!

If this person has a social worker then presumably the DA is well documented and the social worker should be working to help the person obtain an occupation order to have the spouse removed and so they can return to their home. They can then seek to work towards severing the joint tenancy if conditions are met. The police and legal involvement is essential as a secure tenancy cannot be ended nor a joint tenant be evicted without the legal conditions being met. Additionally, following the introduction of the Domestic Abuse Act 2021, if an applicant is assessed as Eligible and Homeless by their Local Authority as a result of domestic abuse, they will have Priority Need and will be owed a duty to secure temporary accommodation. The social worker can liaise with Sovereign and the local authority’s housing needs department to help secure alternative accommodation for the victim - which may be more suitable for them if they have recently become mentally impaired and require additional support.

She needs to notify UC that they are no longer a couple, end the joint UC claim, and begin a sole one in her own name. This will prevent her UC being taken by her ex. If her ex is regularly leaving the children alone at home then is there a reason they aren’t living with their mother? She will also have a designated Sovereign housing officer who can signpost and support - Sovereign are a large HA and will be completely familiar with liaising with other services regarding tenants who are victims of DA.

The social worker is aware of the DV and also the fact that he is using drugs at the house where children are. They are essentially saying he can’t just be kicked off the tenancy. With regards to DV, the police were called multiple times by neighbours and she would never press charges against him. So my understanding is that it would be well documented by the police because id the numerous calls to the house by neighbours. I’m finding that I’m hitting walls with the social worker… she has liaised with SH and they said because she hasn’t been at the house all of the benefits will go to the abusive husband. She no longer lives there currently because she has Wernicke-Korsakoff syndrome but she is keen to return home.

I just feel like he ends up winning via every avenue we’re trying to get him out.

A joint secure tenancy can only be severed by a court order which is why you’re not able to “get him out” and why Sovereign are stating they cannot assist in doing so. In the first instance your relative needs to apply for an occupation order: www.gov.uk/injunction-domestic-violence/eligibility-occupation

This is a legal order which will enforce the spouse’s removal from the property, during which time the subsequent court order to sever the joint tenancy can be pursued. Alternatively, as I said above, if the DA is well evidenced then your relative will be considered in Priority Need for rehousing elsewhere, and Sovereign and the local authority can liaise on that. This may be a preferred alternative if she’d benefit from supported housing considering her health.

Does your relative have capacity? She is misunderstanding what she’s being told on the benefits front: if she notifies UC that she has separated and left the marital home and would like to close the existing joint claim and open a sole UC claim in her own name, her benefits can’t go to her ex. He will then have to make his own sole claim. Does she have her own bank account for her benefits to be paid into? If not, her social worker should be supporting her with this - or advising whoever has POA if she no longer has capacity.

Whilst Sovereign cannot help at this stage with evicting the ex, they will have designated staff knowledgeable about supporting tenants where there is DV - ask for the details of this person in her local housing management team.