Help regarding joint tenancy issue

teabag29

Ok so my bro n his girlfriend were living together in a 2 bed council house, they have 3 children (2 girls and a boy). They are joint tenants.

Basically they have split up and she is refusing him entry to the property so hes stopping at my mums. The thing is him and my mum clash and he wants to move back to the family home and live as separate couples but she wont let him.

I know she can remove his name voa a court order which takes a while and the council would hopefully help to rehouse him but in the meantime can she stop him entering the property? as joint tenants their rights are equal but the police say they cannot force her to let him in, can the council do anything though, surely she is in breech of her tenancy by not allowing the other tenant in?

Also is it just her that can apply to have his name removed as even if his name was removed she'd still be classed as overcrowded, so would he stand a chance of getting her name removed so she could be rehoused with the children as she'd probablly have to move anyway due to being over crowded?

Any advice appreciated x

kj*daisy

The house will go to who ever has the children living with them. Your brother is unlikely to be re-housed as a single male unless he is vulnerable in some way. He should go and apply as homeless as they can give him advice on finding a private let. As a joint tenant he can terminate the joint tenanc which will end it for both of them, if the kids are staying with her they may well then give her a new single tenancy of the house, but he would no longer be liable for any rent if she fails to pay. Even if she is re- housed as overcrowded you can't just take one name off a joint tenancy , you have to end the whole thing, and the council are very unlikely to then give him back the 2 bed house on a new tenancy as then he would be under occupying.
While ever he is a tenant he should be allowed in as he is equally as entitled to live there.
But it's up to him to take that to court, not the Council.