Ex's name from tenancy

Purdy_1

My brother has recently divorced his wife and has custody of their 4 children. Her name is still on the council tenancy agreement for their house even though she has not lived there in over 1 year. How can he get the tenancy in soley his name without having to involve her ? (she will not agree to this) He wishes to move to be closer to family members that can be there to support him and his children if he needs to call upon them. He would not be able to do this with her name still on the house.

Any help?

dlb

If he can prove she has lived somewhere else for a year then the council should be able to remove her name without her say-so, also i think if you have custody and have divorce papers to show then again i dont think they would have to inform her.
Best think to do is phone and speek to a housing officer for his area they will be able to tell you whats what.

chugalug

Its not quite as simple as that!!

The tenancy really should have been dealt with as part of the divorce but most solicitors don't understand the implications of a secure tenancy and how important it is.

All the time his ex is on the tenancy she has the right to live in the property and enter/leave as she chooses.

He needs a new, sole tenancy which is a legal document. If his ex won't agree to giving up her rights then he needs further advice. He can either contact his housing officer (although many of them do not understand the importance of a tenancy agreement either) or contact a housing specialist for advice. Shelter, CAB or a law centre would be able to help.

Ultimately, if his ex refuses to give up the tenancy only a court can decide what happens. They have the authority to order the LA to dissolve the original tenancy and grant your brother a new, sole tenancy. Obviously as he has sole custody of the children he would be awarded the house. Its also in the power of the court to order your brother to provide compensation to his ex for the loss of her rights though. HTH

nives316

I moved from house once and just phoned the council and asked them to take my name off ... They did it staight away ... I also asked them to take a friends off who was moving with me and they did that at my request.

This may have just been lucky ... give them a call and see what they say...

I also know that when I went to stay with my mum for a month or two after returning from travelling she declared I was living there and then when I moved told them and they put me on and took me off just by her speaking to them

Dora_the_Explorer_5

Won't the LA consider her to be still living there if her council tax has continued to be paid? If she hasn't ben liable for council tax because the LA was informed when she left - there's the evidence that she's not a tenant.

chugalug

nives316 wrote:

I moved from house once and just phoned the council and asked them to take my name off ... They did it staight away ... I also asked them to take a friends off who was moving with me and they did that at my request.

This may have just been lucky ... give them a call and see what they say...

I also know that when I went to stay with my mum for a month or two after returning from travelling she declared I was living there and then when I moved told them and they put me on and took me off just by her speaking to them

ARe you talking about the council tax liability or are you talking about the actual secure tenancy agreement? They are very different. Any LA or HA that takes a name off a tenancy agreement without proper authority leaves themselves open to a legal challenge and a hefty compensation bill!!

If a housing officer alters a tenancy agreement they also leave themselves open to a legal challenge. Tenants have rights enshrined in law which cannot be overturned on a whim - these things have to be done according to the law.

Purdy_1

She left of her own accord when she was found to be having an affair. She left him with the kids and moved in with her bf. They (her and her bf) did manage to get a private rented house which I assume was in his name because it had housing benefit pay the rent. I doubt they would have done it with her name as she was still registered at my brothers. The new relationship was rocky and abusive and she ended up living with her parents who are on benefits and also have their rent paid. She is now in employment, working fulltime. I dont know what has happened to her parents council tax and rent being paid for them, she works.

I dont believe she needs to be compensated. She left of her own accord with the social fund loan they received to buy new items for their house. They had only lived there 2 months and had a loan to buy their children bunk beds and other items.

My brother just wants to make a fresh new start closer to family members who can offer support when he needs it. He cant move on until the tenancy is in his name.

Bossyboots

The tenancy transfer would form part of the divorce settlement and needs to be incorporated into a consent order which is activated when the decree absolute is granted. If she will not agree to sign over the tenancy then he will have to start court proceedings, either for divorce or a stand alone application. The council cannot remove her name until they have her agreement or court documents ordering them to do so.

Dora_the_Explorer_5

Purdy, is your ex SIL still registered as liable for council tax at the address where she has joint tenancy with your brother ?

Purdy_1

The divorce was granted in January.

She has only been working for about 2 months and I have no idea where she is 'officially' registered as living.

chugalug

It doesn't matter where she's 'officially registered' as living. If you think of an owned property instead of a rented property - having your name on a secure tenancy is as important as having your name on the joint mortgage and deeds of a property. You have the same rights and liabilities whether you live there or not. This is not the case for council tax liability where being 'registered' at a different address is 'proof' that you are not liable for council tax in one area but another.

Your brother's ex still has all rights to the rented property through this legal document - the joint tenancy. These rights can only be taken away if she agrees or if a court orders it. He needs specialist housing/tenancy advice as it doesn't sound as though (even if he does find her) she will voluntarily give up the property.