occupation order

[gutterlife]

Please does anyone know much about getting an occupation order on a private rental. Joint tenancy. Violent partner. Currently in a refuge. Not coping because of coronavirus fears. Really on edge about it. He has other housing options so it wouldn't leave him with nowhere to go. Have evidence. Looking to apply for emergency injunction to transfer tenancy just to me. Is there much chance? Will judges be reluctant if it's a private tenancy? Does the landlord have to know/give permission?

Is it a council tenancy or housing association? Or private?

Oh sorry I see it's private. I don't think it will make a difference. The only reason I asked if it was council is that some councils will get involved.

Thank you for replying. Thanks so hopefully there's a chance. I wasn't sure if the judge would grant it for a private tenancy. Rights of women website says they do but not common. Maybe less people apply. Does my landlord need to know? I definitely wouldn't want him to find out before the order was granted. I'm paying rent in full so no arrears or anything like that. Would my ex know if I applied and didn't get it? I don't want to antagonise him for nothing.

Why are you worried about the landlord? Surely you can just tell them so and sos not on the tenancy agreement anymore (they may want new paperwork but if they charge you should I'd question it - most landlords wouldn't redo the paperwork to avoid incurring cost but would just take note, estate agents will try to redo).
I'm a landlord and personally I'd like to know if you got the order. We don't have any experience of this however id like to be aware that firstly you may need a little more help, that if there's trouble there may be costs we need to claim on insurance, if there's any changes to the property we could make which would make you feel safer and if he was giving you trouble regarding tenancy issues etc we'd have legal advice available to us and therefore you. If it's one close to where we live we'd probably drive by more often to check up on it and make sure you were ok.
However we'd expect a good tenant who didn't mess us around and looked after the property. Wouldn't do it for some of the tenants we've had in the past!!!
But no you don't have to tell them. Shit tenants get good landlords and good tenants get shit landlords in my experience.

You sound like you need to speak to Women's Aid OP. And SHELTER.

Wouldn't you be better going somewhere new? As he would know exactly where you were and be massively resentful if you did force him out?

Speak to the support workers and work out your best options. It's worth hanging on if you will be eligible for social housing or if you can be assisted getting your own private rental.

Women's aid
Police

Document everything

I fled with a young baby and continued to pay rent on a private rental as I thought I had to

Please get as much help as possible and go for a non mol

Keep all your family safe

Do. Not go back to him
It doesn't get better with them

But life is simply amazing when you are free from the abuse (few minor wobbles here) all in all so happy

Sending you so much best wishes

Loads of fab people on here to help xxxxx

Speak to the National Centre for Domestic Violence: www.ncdv.org.uk/ They can advise you on non-mols and occupation orders.

As PP have said, probably better to go somewhere else if you can rather than somewhere he can find you.

I know you are worried about corona, but his violence is a far more certain threat and you're in the refuge for a reason. And with good hygiene practices you can control the risk reasonably well.

I would really hold on for the long term gain of a place of your own he doesn't know, rather than trying to take over the tenancy.

Is it wise to return to an address he know about? Wouldn't it be better to go elsewhere?

When i did mine. Ex had to turn up to court as well.
So bear that in mind.

Hello OP

Speaking from my own personal (slightly different) experience: an Occupation Order will not transfer a tenancy into your sole name. Once granted, it prevents the other named person (with their name on the tenancy/mortgage) from coming inside and within a specific distance of the property. They usually have a fixed term (e.g. 6 months), after which time you need to apply again.

The police officer at the DV unit dealing with my case arranged the application on my behalf. The papers must be served on the person you name. Pre-corona, there was a hearing before a judge, both parties are invited to attend. You do not have to meet/be in the same room for the hearing.

I believe the hearing is now done by the judge alone, however the papers would still need to be served on the other person.

My now ex-DH did not attend and did not contest the order. It was replaced with a whole-life restraining order when he was convicted.

Good luck