Advice re joint tenancy and broken relationship

Pixie5740

Cautious_Optimist wrote: »

I don't think they will evict him and new GF and child(rent) into a one bedroom flat.

Yes, the council will want him / them out, but will the court agree?

I would still push it and see what happens. He has nothing to lose.

Cautious_Optimist wrote: »

So what's the plan?
Move in to new house with unfriendly wife?
You're right, he will be completely screwed over, IF he leaves the social property (council or HA).

That's why I would advise sit tight, get new GF and kids in, speak to Shelter for INDEPENDENT advice ASAP.
Council are not independent advisors; their "gatekeeper" role introduces a conflict of interest.

I would let the council push it to the court to evict.
He has nothing to lose by this course of action.
If they are going to evict anyway, I would make it as prolonged, costly and difficult for them as possible...
With any luck, the council will decide it's not worth their time and money and leave him and new GF in the old house.

If he moves into new house with unfriendly wife, my bet is the depressing situation will have him leave pretty soon.
He'll be in a bedsit before you know it.
Then no woman will touch him with a barge pole.

As a "man with house", he's still got a bit of "currency" with the ladies.

I would also apply for FULL custody of the child and tell the council that is the plan. Obviously he's unlikely to get full custody, but it may delay and disrupt the council's plans to evict.

With any luck, the council will take the path of least resistance and leave him and GF in the house...

Cautious_Optimist wrote: »

He will end up stuck in a bedsit.
Why move out without a possession order?
I would sit tight and wait for the bailiffs...

Tenancies can only be ended by the tenant or a court. In this case, the tenant has ended the tenancy, that's why he has to move out and move into the new property. I'm not sure if it applies to social housing but certainly with private rentals, if a tenant gives notice to end the tenancy and then doesn't move out then the LL can charge the tenant double rent under the Distress of Rent Act.

Will you stop going on about him shacking up with a new GF who so happens to have a child. The poor man's relationship has broken down and he needs to focus on sorting out a new home and maintaining his relationship with his daughter, not going out cruising the playgrounds, schools and parks (or wherever it is you go) looking for single mums to shack up with.

Cautious_Optimist

Pixie5740 wrote: »

I'm not sure if it applies to social housing but certainly with private rentals, if a tenant gives notice to end the tenancy and then doesn't move out then the LL can charge the tenant double rent under the Distress of Rent Act.

.

This is a new bit of info, but it would still not persuade me to change my advice.
I repeated my advice because nothing anyone else posted convinced me otherwise.
Also the OP has not sought INDEPENDENT advice.
(The council, as his current LL is not independent).

Pixie5740

The Distress of Rent Act has been around since the 18th century.

Cautious_Optimist

Pixie5740 wrote: »

The Distress of Rent Act has been around since the 18th century.

http://www.druces.com/doubling-your-rent-how-to-maximise-returns-when-tenants-hold-over-wrongfully/

"It is also important to remember that the provision has no application where the tenant is entitled to stay in the premises after the expiry of the tenancy by reason of the security of tenure provisions contained in the Landlord and Tenant Act 1954."

Never heard of council using this act before. Maybe council tenancy covered by 1954 act as above?

I'm sure IF the council took the tenant to court to evict, then the costs would be charged to the tenant.
However, it sounds as if this often doesn't deter tenants from retaining possession. (Especially when it's the council advising private tenants).

So it's up to him to judge how to play it...

Pixie5740

In this case the tenant is not entitled to stay in the property though as the tenant has ended the tenancy.

Councils advising tenants to remain in a property after notice has been served is when the LL has served notice. As the LL cannot legally end a tenancy with tenant does not have to leave at the end of the notice period. The LL then has to go to court to get an eviction notice to end the tenancy.

In this case it is not the LL that has served notice but the tenant which is a different kettle of fish altogether as a tenants is able to legally end a tenancy by serving notice.