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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

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Original poster

Help please - can he kick us out?

22 replies

Faffalina · 13/12/2012 22:46

Sorry not sure if this is the right section.

Partner has said he wants me (and our 2yo daughter) to move out from "under his roof" this weekend. We rent and both our names are on the tenancy agreement.

Even if I am legally allowed to stay, it will be shit staying in this horrible atmosphere. Does anyone know whether I would get some help from the council? I only work p/t and def don't earn enough to support dd on my own.

Any advice appreciated.

OP posts:

Aussiebean · 13/12/2012 22:53

Can't help too much but I am sorry.

I do know that if your name is on it you have rights to stay. But if you do move, make sure your name is taken off the lease the moment you leave because you will be liable for rent and damage.

Someone will be along with more advice on how to stay.

Good luck.

giantpurplepeopleeater · 13/12/2012 22:54

I hope someone else comes along soon who knows something more about this - maybe post in legal??

However I do know this...

It's not 'his roof' its both of yours. Your name is on the tenancy agreement, which means you are jointly legally responsible for paying the rent.

Even if you do move out, you are still liable for your portion of the rent while your name stays on the tenancy agreement. You could end up in a situation where you are paying for somewhere you're not living!!

You are most definitely legally allowed to stay

I would not move anywhere until you have sorted somewhere to move to, AND your name has been officially removed from the tenancy agreement.

The way the council system works, they don't help you until you are imminently homeless. This means if you have family that could put you up, they would expect you to do that, and given your name is on the tenancy agreement they might question whether you are 'homeless'.

So sorry you are going through this. Is there anyone around you - family or friends who can help??

izzyizin · 13/12/2012 22:58

He can want all he wants but while you're named on the tenancy agreement you have as much right to remain in the property as he does.

Given that he can't kick you out, why isn't he making plans to leave?

Ask your local council if they have any schemes that may help you rent alone but, if you're not in one of the less populated areas, it's unlikely that you'll get on the social housing ladder any time soon.

CajaDeLaMemoria · 13/12/2012 23:02

No, he can't make you leave. You are both legally allowed to stay there.

The council probably won't be able to help though. There is a huge housing shortage and most people are being advised to let their landlords take them to court to evict them after the tenancy end. There is jusis nowhere to put anyone. Your daughter would mean you are in a priority group but you have housing so they couldn't help you until your contact ends, and even then you might not be in the highest band.

Contact them anyway to register if you can, but be aware that it may be some time. If he wants you out, he can go. Then try to find out how much help you'd get from benefits on just your income.

All the best.

ArtVandelay · 13/12/2012 23:23

No he's talking bollocks. Do not hesitate to call the police if he becomes threatening or intimidating in any way. Having this kind of behaviour on record will make it much easier for you to get him to leave if it comes to that. It might be uncomfortable for you in the short term but you should not be the one to give up your tenancy. Good luck.

Smellslikecatspee · 13/12/2012 23:33

Can I also suggest you contact Shelter and Women's Aid.

MrsFlibble · 13/12/2012 23:37

No, he cannot make you leave as you are legally a tenant, they only one who can order you out is the landlord,

You to contact CAB and WA, for advice on benefits, unfortunately getting housing is a hard task, but you need the best advice you can get.

expatinscotland · 13/12/2012 23:43

I'd get to Women's Aid! No, it's not just 'his roof'. He needs to move out if he wants to leave.

DialsMavis · 13/12/2012 23:49

Do an online calculator to see how much HB, CTC etc you will be entitled to. Is the property bigger than you need (more than 2 bed I guess)?

CogitOCrapNotMoreSprouts · 14/12/2012 07:27

I'd recommend talking to your local Housing Department, CAB, Womens Aid and other agencies. Councils usually do have emergency/temporary accommodation available, especially for people with children who are in danger of being made homeless. However, as you have a small child I think the onus should be on him to move out rather than you. Do you have family nearby? You could check your benefit entitlement with the free online benefit checker at www.turn2us.org.uk. There is a lot of financial help available for single people on low income and this may make you feel more optimistic. And, of course, your ex partner is still financially responsible for your DD... that's something the Child Support Agency or a solicitor can help you with.

MrsFlibble · 14/12/2012 09:26

If you dont work OP, and he moves out, then you are entitled to Income support for another 3 years, Housing and Council text benefit, child tax credits, child benefit, and child support from your ex partner.

He cant make you leave, and if he leaves you'll be fine, i know, i been there.

giantpurplepeopleeater · 14/12/2012 09:37

Oh, also, didn't think at the time, if you need advice on housing contact Shelter. The Government give them money to provide a housing advice service to stop people becoming homeless. They should be able to set out all the options you have.

Someone said it further up thread - if he is desperate not to be around you - he should leave. Then you can talk to the council about housing benefit help to pay the rent. This is far easier to arrange than being actually housed by the council due to the housing shortage.

izzyizin · 14/12/2012 11:16

Link to Shelter: www.shelter.org.uk - choose England or Scotland

Link to Women's Aid: www.womensaid.org.uk As the 24/7 helpline is frequently over subscribed, locate your nearest offices and give them a call during usual office hours.

Original poster

Faffalina · 14/12/2012 22:55

Thanks for all the responses!

I don't have any family nearby, but all of his are so I really think he ought to leave. I will be staying put unless it becomes intolerable.

OP posts:

giantpurplepeopleeater · 15/12/2012 13:43

Yes, he ought to leave!

However you will then need to take him off the tenancy agreement, and you will be liable for all the rent. Talk to your council/ CAB/ Shelter about whether you would qualify for housing benefit to pay part or all of the rent.

Think this really is your best option.

BumpingFuglies · 15/12/2012 16:37

Don't leave, whatever you do. Tell him he has to go - you will be able to get financial help.

Sorry this is happening to you x

WantToMakeThingsRight · 15/12/2012 17:50

So why would he have to go ?

SolidGoldFrankensteinandmurgh · 15/12/2012 18:16

Faffalina: stick it out, get good advice and remember that if he becomes aggressive it's fine to call the police. You and DC have a right to be safe in your own home and your home is as much yours as this man's. Also, if he is aggressive enough that the police have to be called, it may help you get an occupation order to force him out of the home.

DontmindifIdo · 15/12/2012 18:19

If you can stay put without fearing he'll get dangerous, then refuse.

Leafmould · 15/12/2012 18:39

If you cannot decide between yourselves, A court will decide who should keep the tenancy. Usually it is the person who cares most for any children involved. Get legal advice. If you earn less that so much per year, you can get legal advice from shelter. But they may want to count your joint income, and include any tax credits as income.

The tenancy will re start from scratch, so you will lose the rights you had under the previous tenancy regime. ( if this is social housing ).

Sounds tough op, hope it doesn't drag on.

AndrewMyrrh · 15/12/2012 18:46

It's your (and your DD's) home as much as his. If he doesn't like you all living together, then he should leave. What sort of arse would kick out his DD 10 days before Xmas?

cumfy · 16/12/2012 20:23

Also bear in mind when the tenancy is due for renewal.

If it is soon, LL will not want difficulties with the property, so might terminate tenancy completely.
Or alternatively, you might be able to arrange to have the property in your name.

Flip