Guidance re joint tenancy and broken relationship. Has he been having to pay the lease?


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

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

How about if he relocated a youngster in to the household once their current spouse had kept? Perhaps then council would class them as a “vulnerable” home and disrupt any eviction plans.

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

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

Has he been spending the rent?

How about if he relocated a youngster in to the home once their present spouse had kept? Perhaps then your council would class them being a “vulnerable” home and disrupt any eviction plans. just What would the council do then? Evict your whole “new family members”? Or evict just him and allow the child and GF stay? She could simply allow him right back to the home.

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. That could additionally wait the council’s eviction plans a little.

Your household user along with his wife are joint renters. They truly are both have joint and many liability for the present council home plus the council property that is new. Your loved ones user has equally as much right that is legal transfer to the newest house as their spouse does.

In reality relating to CAB they both:

* have actually legal rights to your home, and * neither of you’ll ask one other to go out of.

He can not remain in the home he is presently surviving in because as joint renters the tenancy for the home is finished and a fresh one will begin when it comes to brand new home. as joint tenants. He can still lawfully be accountable for most of the lease within the new council property thus I recommend he moves in to the brand new home. Certain it may be embarrassing but he could be eligible to live here and it’s really a lot better than winding up in the roads. That may offer him a while to sort things down i.e. ending the joint tenancy and finding someplace else to call home.

He has to ask their council if they’ve a relationship breakdown policy.

The person responsible for the breakdown is a red herring in my opinion. As with every other relationship breakdown, agreements have to be made about whom makes the home because they both have actually legal rights into the property. Frequently where there is certainly a young child involved it might add up that the only that is claiming CB for the son or daughter could have the best ‘right’ if it had been taken fully to court simply because they could not agree.

You mention provided custody. Do you mean that? When it is certainly provided custody (50/50) however think merely a court purchase would make your choice as to whom moves to your brand new spot.

I will be uncertain exacltly what the member of the family really desires.

Does he desire to relocate to the brand new home? Remain in the old home?

With respect to the council’s policy then it might very well be he does not meet the criteria (duration of relationship possibly) or that the flat is simply too big for their demands. If he doesn’t have residency associated with the son or daughter he then would simply be ‘entitled to’ a one sleep spot. Whereas usually the one with residency will be eligible to a 2 sleep destination.

This really is most likely how you get the situation.

No matter if the council consent to rehouse it could be a long hold off as few one beds can be obtained.

He undoubtedly has to challenge the ‘making himself deliberately homeless’. He along with his partner need certainly to eliminate their title through the brand 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.

If the council will not rehouse he then could

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

The termination of the relationship is not effortless and compromises need to be made.

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