Able to remain in council house after relationship breakdown ?

Comms69

JayBirdUK wrote: »

Hi

My daughter has been a joint tenant with her partner in a council house (Birmingham UK) for the last 6-7 years.

He works full time and she is a stay at home mum of 3 boys aged 9, 4 and 1.

Unfortunately, the relationship has gone downhill over the last year or so and the last few months have seen him start to border on emotionally abusive to her and the two elder children. It takes very little in the way of noise or mess or somthing "not as he thinks it should be" for him to explode. The final straw came just before Christmas when he threatened to break the oldest's jaw and "Skull f***" him for looking at him wrong when he was telling him off. I will however say at this point that, although he screams and shouts, punches walls and doors and gets in their faces, he has not raised a hand to any of them.

My daughter has contacted the council about taking on the tenancy herself (although at the moment that would mean it being via benefits as he pays the rent out his salary) but has been told that, as it is a joint tenancy, it woud have to be terminated and they then cannot guarantee she would be able to stay in the property and she may end up homeless if they take the property back and she has to go back onto the housing list.

This is causing her the most concern at the moment as the boys all have friends in the road, their school is literally 6 houses up and she has all her friends and support network in the area.

She has been trying to get hold of groups such as citizens advise, shelter and some local support groups but, due to not wanting to speak while her partner is home, she has so far been unable to get through.

So ...... I am posting here to ask if any of you good people have any advise or can suggest groups/organisations that can advise her particularly on remaining in the home.

Thanks in advance

Simple answer - county court, part 45 family act - non molestation order.


Job done.

theartfullodger

Comms69 wrote: »

Simple answer - county court, part 45 family act - non molestation order.


Job done.

But that doesn't end his joint tenancy:. (Nor his liability for the rent!). Nor would him moving out.

If going that route also try for occupation order also

Comms69

theartfullodger wrote: »

But that doesn't end his joint tenancy:. (Nor his liability for the rent!). Nor would him moving out.

If going that route also try for occupation order also

Agreed on all counts. But it would prevent him from returning for a period of at least 12 months. Enough time to sort all the rest out.


The advantage of s45 is - it's done 'ex parte' (you may know this, but others might not, so not teaching you to suck eggs!) which means that the partner would not know anything about it until the order is served upon him and from that very moment he cannot contact the OP (or anyone else named on the order)

Davesnave

cjdavies wrote: »

It would be over for me, children have to come first.

Fine. No one's suggesting the children should come anything other than first.

I was daring to suggest that the reason for this change in the partner's behaviour might also be very relevant.

I said: "the effect that living in an unhappy, abusive household might have on the children in the long term" is what should be considered above questions around losing the tenancy. You didn't quote that.

NineDeuce

Isnt the council house a secondary issue to calling the police?

TBagpuss

The council can't unilaterally take him off the tenancy, but a court can.

She can apply under the Family Law Act 1996

She could also apply for an Occupation Order (Injunction) which (if granted) would temporarily exclude him from the house so she and the children could remain there safely. An order if this kind will usually be made for a period of either 6 or 12 months , which then gives her time to pay for the tenancy to be transferred.

The behaviour she described (punching walls etc) and verbal abuse would be considered to be abusive behaviour. She may be eligible for legal aid to help with the costs of getting an injunction - some proof is required. In the first instance, suggest she speaks to her GP about his behaviour and asks them to refer her to local support services. This should enable her to get support but also to be able to jump through the hoops needed to get legal aid.

She could also call the police if he is behaving towards her or the children in a way which is threatening or violent (including punching walls, if that causes her to feel frightened) They may well be able to get him to leave temporarily to cool down even if his behaviour isn't enough to enable them to arrest him, and again, starting to have a record of the things which are happening ill help if she pursues other legal remedies.

Comms69

TBagpuss wrote: »

The council can't unilaterally take him off the tenancy, but a court can.

She can apply under the Family Law Act 1996

She could also apply for an Occupation Order (Injunction) which (if granted) would temporarily exclude him from the house so she and the children could remain there safely. An order if this kind will usually be made for a period of either 6 or 12 months , which then gives her time to pay for the tenancy to be transferred.

The behaviour she described (punching walls etc) and verbal abuse would be considered to be abusive behaviour. She may be eligible for legal aid to help with the costs of getting an injunction - some proof is required. In the first instance, suggest she speaks to her GP about his behaviour and asks them to refer her to local support services. This should enable her to get support but also to be able to jump through the hoops needed to get legal aid.

She could also call the police if he is behaving towards her or the children in a way which is threatening or violent (including punching walls, if that causes her to feel frightened) They may well be able to get him to leave temporarily to cool down even if his behaviour isn't enough to enable them to arrest him, and again, starting to have a record of the things which are happening ill help if she pursues other legal remedies.

The only power the police have to remove him, outside of any actual offences is for breach of the peace, or to prevent a breach of the peace.


Whilst it is applicable in such circumstances, the police should be wary of using these powers on the whole.

tlc678910

Hi, it might be worth calling the Council to ask for a housing support worker/tenancy support worker to be allocated to your daughter on the basis that she and her children are at risk of domestic abuse. I expect the council will have policies that aspire to protect women suffering from domestic abuse (this would be usual) and not compound their problems. The council have a legal duty to carry out an assessment when asked to for an adult in need of protection or support. (The Care Act). This worker could liaise with the council to help your daughter to keep her tenancy if her partner leaves/gives it up.

It could also be argued that this policy discriminates against people suffering domestic abuse if it is not flexible as it sets them up to lose their home if they end the relationship so put in a formal complaint to the council siting this discrimination, that might get the decision reviewed. Definately worth a try.

Good luck Tlc

Comms69

tlc678910 wrote: »

Hi, it might be worth calling the Council to ask for a housing support worker/tenancy support worker to be allocated to your daughter on the basis that she and her children are at risk of domestic abuse. I expect the council will have policies that aspire to protect women suffering from domestic abuse (this would be usual) and not compound their problems. The council have a legal duty to carry out an assessment when asked to for an adult in need of protection or support. (The Care Act). This worker could liaise with the council to help your daughter to keep her tenancy if her partner leaves/gives it up.

It could also be argued that this policy discriminates against people suffering domestic abuse if it is not flexible as it sets them up to lose their home if they end the relationship so put in a formal complaint to the council siting this discrimination, that might get the decision reviewed. Definately worth a try.

Good luck Tlc

Whilst I sympathise, being a victim is not a protected characteristic.

tlc678910

Lots of Local Authorities do have policies to protect victims of domestic abuse - ones I have worked in Sheffield City, East Riding of Yorkshire, Cornwall and Worcestershire. I also think there is a clear link to gender which is a protected characteristic.