Ex joint tenancies & LHA problems

miss_spooky

Hi,

I know it's boxing day & some of the more experience peeps may not be around, but I am helping out a friend who has a big problem with local housing aurthority & his recent ex. So I wondered if anyone here will be able to help when I start posting.

It'll be to do with joint tenancies in LHA, recent possession orders & her signing an agreement to return house back to LHA without his signature.

I will explain more if any one can help. But just wanted to know if this is the right place?

Regards

& Hope you all had a merry Christmas.x

clutton_2

yes, it is the right place but i dont understand this

(i am assuming you are using LHA to mean Local Housing Allowance - the successor of Housing Benefit ?)

""It'll be to do with joint tenancies in LHA, recent possession orders & her signing an agreement to return house back to LHA without his signature.""

G_M

I'm not 'peeps' but my guess is 'Local Housing authority'.

Right place - just pose the question!

miss_spooky

Morning all,

Sorry, LHA - Local Housing Authority - I keep forgetting about the Local Housing Allowance as I don't personally have it.

As far as he's told me, he & his now ex had a jt tenancy (2 bed) with a Housing Association. They had been looking for a three bed property as both their children 8yr old girl & 10 yr old boy were still sharing the same bedroom.

The ex went out with kids one day & phoned him to say that she's found somewhere else & he wasn't coming. She'd been accepted into a womens refuge claiming mental abuse & feared for her & childrens safety. She'd spoken to lawyers based at refuge & they have written to LHA saying that she was returning the keys as she'd found somewhere else & that he was to get out. The LHA have sent him a possession letter - Notice to quit I think - I haven't seen any of his letters yet so don't really know what's he's been sent.

I had a quick read on Shelter and the only reason I can find for them to evit is gounds of domestice voilence where the partner has left as a result. My guess is that they have used this argument. But as I said I don't know until I see his letters.

A note here - she has allowed him access to his kids, weekends, since they split up and she handed them over out of sight from the refuge so that they wouldn't find out.

I am seeing him Tuesday and getting him to ring Shelter to see what they say, but any forearmed info would be greatly appreciated.

Guess we won't know much until after Tuesday.

Thanks for reading anyway & I'll post when I after he's spoken to Shelter.

Regards

MS

Fire_Fox

Why on earth would she move to a refuge and claim mental abuse if it wasn't true? She hasn't exactly bettered her circumstances. Be very careful how you get drawn into this.

miss_spooky

Hi firefox,

I will be careful but the friend is actually my cousin of whom I am really close to. I am aware that I don't know what goes on behind closed doors etc not wearing rose tinted glasses cos he's family, but I do know from what he's said & the texts shes sent since the break up that she is a very vindictive & maniplutive person.

Why go to a refuge then hide round the corner when you are handing over your children to your ex partner? Whilst claiming mental abuse & fear for you kids....

G_M

Putting aside the whole potential abuse issue, and assuming that normal LL/tenant law applies equelly to LHAs, then where there is a joint tenancy, either party can terminate the tenancy. So if she asked the LL (LHA) to terminate, and they agreed, then that in law would end the tenancy. He would then be in occupation without a tenancy agreement and the LL (LHA) could then seek to remove him, which appears to be what is hapenning.

I suspect that if he spoke to them and sought to set up a new agreement, just in his name, they would refuse since as a single person they would be unlikely to give him a family property.

Best thing he can do is seek advice from Shelter or a similar housing advice centre, taking with him all documents/letters received.

clutton_2

""she is a very vindictive & maniplutive person.""

if you know that already - then step back and let her sort this out for herself.... if things go belly up - she will probably blame you ..... and i suspect you will want to maintain the relationship with her children......

Fire_Fox

miss_spooky wrote: »

Hi firefox,

I will be careful but the friend is actually my cousin of whom I am really close to. I am aware that I don't know what goes on behind closed doors etc not wearing rose tinted glasses cos he's family, but I do know from what he's said & the texts shes sent since the break up that she is a very vindictive & maniplutive person.

Why go to a refuge then hide round the corner when you are handing over your children to your ex partner? Whilst claiming mental abuse & fear for you kids....

I cannot for the life of me see what is in it for her. Refuges are no bed of roses, the family may all be sleeping in one room with few personal possessions! She already had a housing association place which she has let go, so this can't all be about getting a council house.

By all means help out with the practicalities but it's perhaps better you aren't reading private texts, I can't see why this is necessary other that YOU being manipulated ... you can't bear witness to anything as you are too closely involved, these texts need printing out and taking to a solicitor or the police if they are evidence of your cousin's innocence.

Maybe there was mental and/ or physical abuse, maybe not. People subjected to such abuse do not always act in a rational manner when it comes to the perpetrator - they can veer between fear and anger and needy behaviour and vindictiveness. She would not be the first to remain in contact with her ex, nor the first to allow unsupervised visits.

miss_spooky

I know refuges are no bed of roses, I spent 10 months in a hostel with my Oh & 2 kids.

She moved to another area and managed to get put in a refuge. I believe that she has now been given a 3 bed house in the new area. I suppose it was a quick way for her to be moved out and get the three bed that they had both been after for the last couple of years.

With regards to the texts I have advised him to contact his service provider to see if there is a way that he can get them printed off, and have also told him to get legal help - depending on what Shelter say tomorrow.

I am not going to get involved in the aspects of his relationship between his ex & his kids, that's for him to deal with. I, like the rest of his family will advise him to seek legal help. I am only helping with the housing issue as at the mo he has been given notice to quit. That's as far as I'm prepared to help.