Guidance re joint tenancy and broken relationship. Has he been paying the lease?


Why will the council perhaps not allow him stay static in their current house? Being a joint tenant, does that maybe perhaps maybe not provide him a secure council tenancy? I might advise him to stay tight and talk to Shelter.

So that the council are intending to evict him, make him homeless and then spot him in B+B?

Think about if he relocated a child to the household once his present wife had kept? Perhaps then your council would class them as being a “vulnerable” home and disrupt any eviction plans.

Why will the council perhaps maybe perhaps not allow him stay static in their current house? As a joint tenant, does that perhaps perhaps maybe not offer him a council tenancy that is secure? I might advise him to stay tight and talk to Shelter.

Therefore the council are preparing to evict him, make him homeless and then put him in B+B?

Has he been having to pay the lease?

How about if married dating sites in Dallas he relocated a youngster to the household once their current spouse had kept? Possibly then your council would class them as being a “vulnerable” household and disrupt any eviction plans. Just exactly exactly What would the council do then? Evict the complete “new family members”? Or evict just him and allow the child and GF stay? She could simply let him back to the house.

He could go to his GP and claim he has depression / mental health problems if he can’t find a new GF with child in time, maybe. Which will additionally wait the council’s eviction plans a little.

Your household user along with his spouse are joint tenants. They truly are both have joint and many obligation for the present council home and also the brand new council home. Your household member has equally as much appropriate directly to transfer to the brand new house as their spouse does.

In reality relating to CAB they both:

* have actually legal rights into the house, and * neither of you are able to ask one other to go out of.

He can not stay static in the home he’s presently located in because as joint renters the tenancy for the home is finished and a unique one will start for the brand new home. as joint renters. He can nevertheless legitimately be responsible for most of the lease into the brand new council home and so I recommend he moves to the brand new home. Yes it might be awkward but he could be eligible to live here and it’s really much better than finding yourself in the roads. Which will provide him a while to sort things down i.e. ending the tenancy that is joint choosing someplace else to call home.

He has to ask their council if they usually have a relationship breakdown policy.

The person responsible for the breakdown is a red herring in my opinion. The same as some other relationship breakdown, agreements need to be made about who will leave the house while they both have actually liberties into the home. Frequently where there was a kid included it might sound right that usually the one who’s claiming CB for the kid will have the greatest ‘right’ if it had been taken fully to court since they couldn’t concur.

You mention provided custody. Can you mean that? Then i believe only a court order would make the decision as to who moves to the new place if it is indeed shared custody (50/50.

I will be uncertain exactly what your member of the family really wishes.

Does he would you like to go on to the brand new property? Stay static in the old home?

According to the council’s policy then it might very well be which he does not meet the requirements (duration of relationship perhaps) or that the flat is simply too big for their demands. If he doesn’t have residency of this son or daughter he then would simply be ‘entitled to’ a single sleep destination. Whereas usually the one with residency could be eligible for a 2 sleep destination.

That is most likely why you have the issue.

Regardless of if the council consent to rehouse it could be a long hold off as very few one beds can be obtained.

He undoubtedly has to challenge the ‘making himself deliberately homeless’. He and their partner need certainly to eliminate their title through the brand new tenancy contract (that they have ended their relationship as he will continue to be liable for the rent as a joint tenant) showing evidence.

Then he could if the council refuse to rehouse

make an application that is homeless a independently rented place stick with family/friends until one thing is sorted

The termination of a relationship is never simple and compromises need to be made.