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Help: 5 kids and practically homeless
Omollmeg
Posts: 84 Forumite
I am writing for any advice possible please.
A good friend is in a terrible situation.
She has a joint tenancy with the guy she is divorced from
and he has locked her out of the house and she can no longer access
the property for hers and the children’s safety.
The council and police have said this is a civil dispute and they can’t do anything!! Is this correct?? Surely somebody can help her? She is sofa surfing with kids and does not know what to do.
This has been an emotional and physically abusive relationship for way too long and the children and my friend have been through and seen too much.
Any advice for this desperate situation ......
Thankyou
A good friend is in a terrible situation.
She has a joint tenancy with the guy she is divorced from
and he has locked her out of the house and she can no longer access
the property for hers and the children’s safety.
The council and police have said this is a civil dispute and they can’t do anything!! Is this correct?? Surely somebody can help her? She is sofa surfing with kids and does not know what to do.
This has been an emotional and physically abusive relationship for way too long and the children and my friend have been through and seen too much.
Any advice for this desperate situation ......
Thankyou
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Thankyou no. I just saw this number on another post as well.
Anything has to be worth a try. Thankyou0 -
If she can prove tenancy then she should be able to pay for a locksmith to change the locks back so that she can have access. Then when in she needs to start sorting out moving out as what she is going through isn’t healthy for any of them:T:T :beer: :beer::beer::beer: to the lil one
:beer::beer::beer:0 -
All local authorities have a statutory duty to rehouse children. Usually, unless there's a dodgy history, they house the parent/s with them. This is unless they're intentionally homeless, which doesn't seem the case here. Unless it's a LA property and, because it's a joint tenancy, the mother has the right to stay in the property with the children.0
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Thankyou. What’s an LA property?
Also how do you make him leave ? Nobody seems to be helping her or giving her any pro active advice and I’m trying to help her get the answers. ��0 -
Thankyou. What’s an LA property?
Also how do you make him leave ? Nobody seems to be helping her or giving her any pro active advice and I’m trying to help her get the answers. ��
LA= Local Authority
careful with the words though, if she is in an abusive etc relationship, then why should she want to move back in the property?0 -
You could have a read of the section on Exclusion Orders in this link:
https://www.familylawassociation.org/how-can-we-help/domestic-violence.aspx
Any ability to exclude him will require evidence of harm to your friend or the children. If no such evidence exists, then looking to the council to rehome them will be the best way forward. She might try to arrange for him to be rehoused in a single bedroom property so that she can return to one that is big enough for her and the children, but I can't see the council going for this. Chances are he will be evicted when he doesn't pay the rent.
She should make sure she is getting all the benefits she can. You could help her check this using the EntitledTo or Turn2Us benefits calculators.
She should check with the council or Shelter about how she can end her tenancy for a property that she cannot occupy. I would suggest she talks to Shelter tomorrow, before discussing options with the council.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.0 -
Thankyou for your advice.
She didn’t want to leave her house but had no choice.
It’s the children’s house and hers too with all their belongings in it so when I say how does she go back I mean with him being removed.
It really is a awful situation 😟Thankyou.0 -
She could apply for an occupation order, and may be eligible for legal aid to help with the costs, if there has been domestic abuse.
The police are correct that this is a civil matter. Longer term, she might need to apply to transfer the tenancy, as an occupation order is only a temporary measure - typically would last 6 or 12 monthsAll posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
She has a joint tenancy with the guy she is divorced from
and he has locked her out of the house and she can no longer access the property for hers and the children’s safety.
The council and police have said this is a civil dispute and they can’t do anything!!
It isn't - abuse in a relationship is a criminal matter - perhaps she hasn't been clear about her fears for their safety.
https://www.gov.uk/guidance/domestic-abuse-how-to-get-help0
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