council house tenancy agreements

joanne13

My husband and I have been living in our council house since 1993. My husband was the one to sign the tenancy agreement and as I have now found out he has been having an affair and wants to kick me out and move his new woman in, can anyone advise me as to where I stand and if I have any rights regarding this.

adouglasmhor

Yes you do and you are protected by existing legislation. Contact shelter He can not force you to leave without a court order and this takes ages and he is unlikely to be given one if you defend it.

good luck.

fluffnutter

It would be useful to know whether you have kids, OP.

determined_new_ms

if the tenancy agreement is in his name solely then you don't have any rights and should seek advice from Shelter.

If you are on the tenancy agreement he can't force you to leave

Delree

determined_new_ms wrote: »

if the tenancy agreement is in his name solely then you don't have any rights and should seek advice from Shelter.

If you are on the tenancy agreement he can't force you to leave

This.

You can make it awkward and refuse to leave but if your name isn't on the agreement you won't have the law behind you and you could be on the end of a court order to leave.

What a horrid situation, I'm sorry but the best advice is to register with your local council and present as potentially homeless.

gunsandbanjos

No advice but just want to wish you all the best.

What a horrible situation.

fawd1

determined_new_ms wrote: »

if the tenancy agreement is in his name solely then you don't have any rights and should seek advice from Shelter.

If you are on the tenancy agreement he can't force you to leave

Not quite true. The tenancy can be transferred to you. See below from Shelters website. The first thing I would do is contact the council and see what they say.


Result - Married/Civil Partnership, partner is renting

What happens if I leave?

You can always leave the property if your name is not on the tenancy agreement

Can I stay in the property?

If your name is not on the tenancy agreement:

1. The court can transfer the tenancy to you as a result of divorce/separation proceedings, or if you are responsible for children.
2. You may also be able to get an occupation order allowing you to:
   • stay in/or
   • return to the property/or
   • even exclude the other person in the short-term - especially if there are children living in your household.

Can I stay in the property and exclude the other person?

If you are not a tenant you will normally have to leave the property, unless:

1. you can get an occupation order allowing you to:
   • stay in/or
   • return to the property/or
   • even exclude the other person in the short-term - especially if there are children living in your household.
2. The court may also allow you stay as part of any divorce/separation proceedings, and transfer the tenancy into your name.

samtoby

Generally if your name is not on the tenancy agreement you live there under the named tenants wishes. If you are not on there, never have been and you don't have children could be a pickle.


If you do have children you might be ok - it depends how the landlords sees the situation.


Take legal advice - Shelter are free and very good with these situations.


Good luck.

paulineb_2

Speak to shelter and inform your local housing office of your husbands plans, please dont leave the house without getting advice and having somewhere else to go.

PasturesNew

Bit ferkin cheeky of him, as he's the one that's had the affair and that'd mean they'd have cheap rent AND two income potential. Hope she gives him something that makes his nuts itch.

fluffnutter

Isn't this odd? If you were married to someone and living in 'his' house, you'd certainly have rights if you divorced. I guess a tenancy isn't seen as an asset. Something that people really need to be aware of when they marry if living in social housing.