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Tenancy advice

2 replies

Shallysally · 29/07/2024 10:53

A family member has a joint tenancy with her husband. They have children together.

The husband is an alcoholic, she wants him to leave the family home but he is refusing to go.

The issue is, as I understand it, is that he would need to agree to sign to be removed from the tenancy. He refuses/isn’t able to discuss or action this.

The situation is escalating, police were called to him a few nights ago due to his drinking.

Is there another way to have him removed from both the tenancy and the house?

OP posts:
ComtesseDeSpair · 29/07/2024 16:43

She can apply for an occupation order to have him removed from the property. However, the threshold for obtaining one is high and likely only to be granted if his behaviour is abusive or putting others at risk. She will then need to apply to court for a transfer of tenancy to permanently remove him from their joint tenancy. She also needs to bear in mind that the landlord may require additional credit and income checks before agreeing to renew the tenancy in her sole name when it comes up for renewal, as they’ll want to be sure she can afford the rent alone.

Shallysally · 29/07/2024 18:18

Thank you so much @ComtesseDeSpair. At least there’s some hope of getting him removed from the tenancy.

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