Joint tenancy ended by other party what do I do?

Win2Kuser

Hi,

Okay, so today I have found out that my ex has given 28 days notice to terminate our joint tenancy. She never mentioned a word about it, nor did Bromford our housing association.
I've had a letter which basically says that my ex gave 28 days notice on the 15th April which has been accepted, and I have to clean, empty and vacate the property by the 12th May!

It goes on to day that the house is a 3 bed etc and will be offered to a family on the home seekers plus website.

Basically 2 weeks and 4 days to pack up and get out.
The letter does not state anywhere that it is an order, not does it say I'm being evicted, it just simple says that the tenancy ends on the 12th so I need to be out by then.
Can they do that? Surely more notice is required than that after living here for 9 years?

So long story short;

. Wife left me in Jan and took the kids and withheld them from
school.
. I started a child arrangement order in Jan and requested a 48
hour urgent hearing to get the kids brought back home.
. First hearing was booked for March!
. I took out a non-molestation and occupation order towards the
end of Jan and it was booked in for a with notice hearing in Feb.
. Ex put in a cross undertaking but the judge wrote off both and
made an order for me to have the kids 7 days out of 14.
. Ex made wild claims about domestic abuse and was awarded with
full legal aid.
. Unfounded allegations were made against me in March which
resulted in the children being removed from whilst in my care
as ordered in Feb and returned to my ex. The investigation is still
ongoing.
. Ex has been living in a hostel with the children but has now been
offered a house, but in order to get it, she had to remove her
name from the tenancy. Rather than going in and asking to have
her name removed as I suggested, she went behind my back and
terminated it completely.

Because I'm a single man with no children living with him, all I'm entitled to is a 1 bed flat, none of which are available in the area.

I do have a court order that says I can have the children including on an overnight basis providing I have either the maternal or paternal grandparents stay at the same time.

Now obviously, I've been living here for 9 years, never been in trouble, rent is paid etc, and I would like to continue living here so that I have suitable provisions for when the kids stay bearing in mind I also need additional space for the grandparents to stay at the same time. It is my wish and that of my ex that we have a 50:50 shared arrangement, so for 50% of the time I would need this property, and the other 50% my ex would also need a suitable property. At the moment though I can't have unsupervised access, until the police finish their enquiries.

I did think about putting in an occupation order to force Bromford to sign the tenancy over to my sole name, but not sure if that is possible.

But I guess the main question is, does Bromford have to give me served Notice of eviction, and if so, how long do they have to give?

Also, are Bromford likely to allow me to take on this place with a new tenancy?

Any help would be awesome!
Many thanks.

AdrianC

Win2Kuser wrote: »

Basically 2 weeks and 4 days to pack up and get out.

That's between you and your ex, not the housing association's problem.
You (plural) - the joint tenants - gave them one month's notice.

The letter does not state anywhere that it is an order, not does it say I'm being evicted, it just simple says that the tenancy ends on the 12th so I need to be out by then.
Can they do that?

Yes. Although they didn't do anything. You, the joint tenants, did. They simply accepted the notice you gave.

It's not their fault that you aren't talking to each other.

If you do not clear the property by the end of the notice you gave, then they can take steps to enforce possession. It will, eventually, reach court, and a possession order made. At that point, you can be physically evicted.

But, right from the day the notice expires, you will be getting on the bad books of the housing association, and you will be running up extra costs and fees.

Surely more notice is required than that after living here for 9 years?

No. They would have needed to give two months notice. You, the joint tenants, only needed to give the one.

So long story short;

Wife left me in Jan...

But remained on the tenancy.

Ex has been living in a hostel with the children but has now been offered a house, but in order to get it, she had to remove her name from the tenancy.

Of course. DId you expect they'd stay in a hostel indefinitely? Or that she would be able to get another HA tenancy whilst still on this one?

Because I'm a single man with no children living with him, all I'm entitled to is a 1 bed flat, none of which are available in the area.

There is, of course, the private rental sector. You can rent whatever size of property you wish privately, subject - of course - to affordability.

I did think about putting in an occupation order to force Bromford to sign the tenancy over to my sole name, but not sure if that is possible.

Too late now notice has been given by you, the joint tenants.

But I guess the main question is, does Bromford have to give me served Notice of eviction, and if so, how long do they have to give?

No, because YOU - the joint tenants - gave THEM notice.

Slithery

AdrianC wrote: »

But, right from the day the notice expires, you will be getting on the bad books of the housing association, and you will be running up extra costs and fees.

Including having to pay double rent for failure to vacate after giving notice.

Win2Kuser

Great, it's all come up rosey then!

I actually rang Bromford on the 12th and asked how simple it would be to transfer the tenancy from a joint into a sole, and I was told that all we needed to do was come in with a letter each asking to remove her name, and that was it.
I passed that info onto my ex who told me that she wasn't interested in doing anything until she got a confirmation of her new place. Then she does that on the 15th without even telling me, Bromford didn't even bother telling me either until today.
It's just a joke.

I've been trying my hardest to get this child arrangement through the courts along with a property adjustment order, but it's just taking so long.
Now I've been told that as I've in effect made myself homeless, the local authority won't help me. Marvellous!

Thanks for the responses although not really what I wanted to hear.

AdrianC

15th was last Monday.
With Easter weekend, that's just five working days before today.

Win2Kuser

That's true. But then I've spoken to them 3 times in the week, and twice last week, and no one saw fit to let me know.

I've not long got off the phone to my ex, she was told by the local housing coach that it was the only way to remove her name from the tenancy (which it isn't) and my ex felt pressured into doing it that way. At least that's what she's telling me anyway.

If she was felt pressured into serving an NTQ, what's the chances of arguing it quoting Article 8?

greenhill

You let your children live in a homeless hostel rather than leave the property so that your wife would move them back into their home??

AdrianC

Win2Kuser wrote: »

...what's the chances of arguing it quoting Article 8?

European_Convention_on_Human_Rights wrote:

Article 8 – Right to respect for private and family life

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Surely it would make a LOT more sense to spend the money, time, effort and blood pressure on sorting yourself a new home, not on lawyers?

Win2Kuser

greenhill wrote: »

You let your children live in a homeless hostel rather than leave the property so that your wife would move them back into their home??

It's not that clear cut.

The months leading up to the end of last year were hell, my wife is alcoholic and abusive, she self harms, is suicidal, got so drunk she was drowning in her own vomit for which I had to call for an ambulance, and she had also attacked me leaving lacerations down my face which resulted in me reporting it the police. From early November she met a bloke and was spending almost every night at his place whilst I gave the kids the support, stability, safety, and love they needed.

My wife left with the children early January 2019 and I immediately put in for a child arrangement order in to have the children returned back into my care in their family home. I requested an emergency hearing because at the time, the children were not at school and their whereabouts were unknown to me.

Right up until the 1st hearing in March, I had no idea where they were staying. By the time I found out, I was told that she had been offered a place, so it was no longer an issue.

Now I'm faced with a position that I am essentially homeless from the 12th May, with no where to have the children as I'm only entitled to a 1 bed flat. The whole thing seems grossly unfair, I have done nothing wrong and have tried my very best to give the kids what they need and to make arrangements that they are returned to my safety, and the whole thing has been flipped around as if I'm the bad one.

I'm done with it all.

HampshireH

You can request to withdraw the notice.

The HA cannot evict you for being under occupied if you have an assured tenancy. They can actively encourage you to downsize but they don't normally have grounds to enforce this unless your breaching the agreement.

Request instead a notice of assignment and surrender so your ex takes her name off the property & it is assigned into your sole name. Bromford website state they do this.

That way your not homeless and she doesn't have a tenancy so can move on. If you have arrears this won't be approved.

Never heard of a HA charging double rent when someone doesn't leave after giving notice. It wouldn't usually be inline with most of their social policies/purpose to do so.

Win2Kuser

HampshireH wrote: »

You can request to withdraw the notice.

The HA cannot evict you for being under occupied if you have an assured tenancy. They can actively encourage you to downsize but they don't normally have grounds to enforce this unless your breaching the agreement.

Request instead a notice of assignment and surrender so your ex takes her name off the property & it is assigned into your sole name. Bromford website state they do this.

That way your not homeless and she doesn't have a tenancy so can move on. If you have arrears this won't be approved.

Never heard of a HA charging double rent when someone doesn't leave after giving notice. It wouldn't usually be inline with most of their social policies/purpose to do so.

Thank you

Unfortunately, I think that as the 28 days notice to terminate the tenancy has been accepted by Bromford, I don't think it is now possible to withdraw the notice. I guess I can ask.
I'm currently waiting for the Locality Manager to call me back.

I am planning on trying for an occupation order which I'm hoping to take into court on Monday, requesting that the notice be withdrawn, and a notice of assignment and surrender be completely instead, but whether this works or is possible in a county court or not, I don't know.

I was told on the 12th April by Bromford, that it was very easy to remove a name from a tenancy as long as the parties contained are in agreement.

Bromford by getting my ex to sign a form giving notice have in effect unfairly evicted me and left me possibly homeless. They are meant to have a duty of care, and as I suffer with poor mental health and I am classed as vulnerable (which they are aware of), I think it's deplorable what they have done and the underhanded way they have done it.

Appreciate the reply, it gives me something to throw at them