Being evicted from housing association house

queenvic_2

I had my own (council as it was then) house, but when I met my husband, I gave it up to move into his. We went on to have two young children.

My husband has left me. To start with he wanted me to move out, and his new woman & her child to move in, when I refused, he moved into her house.

I had to apply for benefits when he left, but had trouble with housing benefit, as the tenancy is in my husband's name, so I was advised to apply to the housing association to have the tenancy put in my name (or mine added).

This is when it all went wrong.

They have informed me that I can't transfer the tenancy to my name; they say if he has left, the tenancy has been broken, and I am an authorised dweller - basically a squatter.

They told me this is because the tenancy was originally a joint one with his former wife; when she left, her name was taken off, and my husband became the sole tenant. Because the tenancy had already been changed, it can't be again. They even said if my husband had died, then I wouldn't have been able to 'succeed' him in the tenancy (as should happen), as you can only change a tenacy once - and his wife leaving was this one time.

I'm so confused. When we were having difficulties before, I saw the CAB, and they said that I had rights to stay in the house, and my husband couldn't evict me - even though his name was the only one on the tenancy - because it was classed as the matrimonial home, therefore I had rights. Indeed, the council at that time, told me not to leave, as I'd be making myself homeless... So I have no idea why this has happened now.

I've spent a fortune on the house since I moved in - I had a good job before my kids were born, and bought all new carpets, decorated, bought garden furniture etc. There is NO WAY that I can afford to put stuff in storage, or replace the items that were installed in the property.

I don't want to go into homeless accommodation - I did before I got my first house, & I'm not taking away a house from someone else - heck if my husband hadn't married me, he'd have been able to live in this house - alone, and no one would touch him... I wish I'd been fraudulent and kept my house too, I feel so conned

may_fair

What type of tenancy is it? What date did it originally begin?

bris

Makes no difference now what type of tenancy it is or when it started. The tenancy was the husbands and most housing assosiations and councils for that matter, only allow one succesion. As this has already happened in the past they want the house back and are treating the OP as a squatter.
Very, very unfair to you OP as you were married with young kids to look after I would have thought they had a duty towards you and your kids.
You will now need to go to the council with the eviction papers and hope that they can rehouse you before you are evicted. Some councils will ask you to sit tight until it's been to court and the baillifs are at the door, some won't.
You could also seek advice from shelter as there may bean appeals process you could go through that they can help you with.
Goodluck

squinty

It sounds like the HA are getting succession and assignment confused, but it is also difficult to see how you would be awarded the tenancy without a court order.

I'm assuming the property was a former council property and the tenancy was a secure tenancy. Secure tenancies cannot normally be assigned, except in a few circumstances which are covered within the 1985 Housing Act.

If your husband was originally a joint tenant. His previous relationship ended. The RSL seem to be assuming that he suceeded to the tenancy (in which case they are right as there can only be one succession). However, if the tenancy was awarded to him following a court order he is not a sucessor This is covered in section 88 of the 1985 HA

see - http://www.legislation.gov.uk/ukpga/1985/68/part/IV/crossheading/succession-on-death-of-tenant

It is important to undestand how your husband became a tenant.

The next problem is your current situation. Why can the tenancy not be transferred into your name?. Tenancies cannot normally be assigned apart from in a few limited circumstances

see - http://www.legislation.gov.uk/ukpga/1985/68/part/IV/crossheading/assignment-lodgers-and-subletting

It seems that the clause most relavant is "section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings)," ie if you get a court order the HA must comply with this.

(The other option would be if your husband would agree to assign the tenancy to you as a person who was qualified to suceed - but as mentioned above this is dependent on how he took on the single tenancy)

At a practical level you need to do two things as well as speaking to the HA.

Firstly - seek advice from a solicitor. Ask them to seek a property adjustment order as part of the seperation. (as mentioned above)

Secondly - speak to the local council (assuming they have repsonsibility for homelessness). The Homlessness service includes a role in preventing homlessness - explain that you are seeking a property adjustment order and ask them to contact the HA to postpone any action to recover the property. (there is no harm in asking your solicitor to also do this)

I hope this makes sense. Apologies for the length of this post, but it is complicated.

jamie11

Has the HA accepted any rent from you?

squinty

jamie11 wrote: »

Has the HA accepted any rent from you?

May be jumping the gun, but if the next step of advice is that there has been a tenancy created because money has been offered and accepted you are probably wrong.

Assuming this is a secure tenancy - and the husband has left. The tenancy does not end (however as the sole tenant has left the property the tenancy ceases to be secure). The tenancy will not end unless a notice is properly served and expires either by the husband on the landlord, or by the landlord on the husband. In the interim, the husbands tenancy continues - it cannot be argued that the acceptance of any payment from the tenants wife would create a new tenancy for her.

taxsaver

marketcowboy - you have already been warned about flagrant marketing on this site and even had a thread removed because of it. Do you really think this behaviour does your new service any credit? You purport to promote fairness and integrity yet display none yourself!

Morglin

Give Shelter a ring for some advice as to what to do next:

http://england.shelter.org.uk/get_advice/eviction

0808 800 4444

Lin

princeofpounds

I saw the CAB, and they said that I had rights to stay in the house, and my husband couldn't evict me - even though his name was the only one on the tenancy - because it was classed as the matrimonial home, therefore I had rights.

This was quite possibly correct - however it is not your husband seeking to terminate the tenancy but the housing authority.

I think the idea about seeking the court order is a good one to investigate, although I don't know how binding they will be on a third party like a housing association.

The ironic thing is that the council will probably have to rehouse you anyway, quite possibly through a housing association.

Sulli

The points re succession are correct, but practically speaking all that the HA needs to do is either assign the tenancy or end theoriginal one and sign you up as a new tenant - everyone's happy - they have no void loss and you keep your home.

There are lots of legal routes that neither your nor the HA (if they have any sense) will want to follow, so they can simply allocate the property to you as a management move.

My advice is speak to someone more senior than your housig officer and calmly explain why you should remain where you are - they should understand and sort it. Oh, and name the HA.