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ex partner and tennancy

hi I as hoping to exchange houses with another woman. everything is fine my side, but the other ladys ex husband who isnotliving with hernow, butwho is on the tennancy refuses to sign to say she can swap with me, and refuses to sign t take himself off of the tenancy. my question is, is there anything that can be done as he does not live there and she and i really want to swap. the ex husband is refusing t co operate. many thanks
My aim for 2009 is to SAVE not spend. my aim for jan is to have £400 by 30th jan...... here goes! total so far. £30;)
sealed pot challenge #503 £2 savers club 2009 #54
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Comments

  • NO....................................................
    ...............................I have put my clock back....... Kcolc ym
  • theartfullodger
    theartfullodger Posts: 15,718 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    YuP, I agree with Robert Sterling....

    Until the other person agrees or the (council presumably?) takes him off the tenancy, don't touch it.

    As it stands he still has a legal right to reside in the house, regardless of what you and his ex-lady do, say or write down & sign...

    (Unless you want another person to share with...)

    Cheers, good luck

    Artful
  • thanks for replies,

    but can the housing take him off of the tenancy if they see fit?

    the lady is ging to see a solicitr to see if she can sort it, but i am not sure that is any help, surely as he does not live there the housing can intervein?
    My aim for 2009 is to SAVE not spend. my aim for jan is to have £400 by 30th jan...... here goes! total so far. £30;)
    sealed pot challenge #503 £2 savers club 2009 #54
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    anyone can choose to pay rent on a house and then not live there - its not illegal
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    clutton wrote: »
    anyone can choose to pay rent on a house and then not live there - its not illegal

    But it's often because there's something dodgy going on. Whether it's a benefits fraud or something just like an address for a school application.

    If you are getting benefit paying for the rent and it is a fiddle they can take back the money can't they?
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    ""they can take back the money can't they?"" yes - the HB/LHA monies can be clawed back if fraud is proved

    this is speculation as we dont know if this is the case or not
  • the woman i want to exchnge with has a new partner, and had kicked her husband out, but he was on the tennancy agreament, he is refusing to co operate with her moving because she has a new partner, i am sure he does not pay rent for the house. the ex husbnd now has his own place, so he is not homeless.
    My aim for 2009 is to SAVE not spend. my aim for jan is to have £400 by 30th jan...... here goes! total so far. £30;)
    sealed pot challenge #503 £2 savers club 2009 #54
  • SingleSue
    SingleSue Posts: 11,718 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sometimes if there are arrears on the account, a joint tenant cannot be removed from the contract.

    No idea if this would be the case here though!

    It could just be that he is upset/annoyed etc about his ex having a new partner.

    Sorry for not having constructive advice though.
    We made it! All three boys have graduated, it's been hard work but it shows there is a possibility of a chance of normal (ish) life after a diagnosis (or two) of ASD. It's not been the easiest route but I am so glad I ignored everything and everyone and did my own therapies with them.
    Eldests' EDS diagnosis 4.5.10, mine 13.1.11 eekk - now having fun and games as a wheelchair user.
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    A council place has to be your main residence - so if he's got another then he needs to get off the council's tenancy.
    Don't know if other sorts of tenancy specify this though.
  • mlz1413
    mlz1413 Posts: 3,034 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Assuming this lady was on the council swap list she needs to remove herself, she is not in a position to swap and therefore should not be on the list.

    When she has sorted out her problems then she can offer to swap.

    There is nothing you can do to help or force anyone to do anything, I'd let the lady know you are interested as and when she has sorted out her relationship / tenancy issues. In the mean time keep looking for another swap.
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