Help with housing association flat with wife

BAFE

If I were in your position I would stay where I was unless I was court ordered to leave.

Have their been any break-ins in your area recently? If so, I'd be tempted to set up a camera to record what happens in the house. This would have the added benefit that if your ex falsely accused you of assault, you'd have the camera footage to prove your innocence.

Savvy_Sue

Savvy_Sue wrote: »

If your disability makes you 'vulnerable' (and that's a technical definition, the bar can be ridiculously high), then you have a better chance of obtaining a property through the HA or the local council.

grendizer wrote: »

I am not sure about this. Do you mind explain further. Please forgive my ignorance in relation to this matter.Many thanks to you

If you are a single person, with no special needs, then it is likely that the local authority will say that they have no duty to house you and you will be expected to find private rented accommodation, without their help and intervention. However, if you have special needs, like your disability for which there have been adaptations to your present accommodation, then they may have more responsibility to offer you housing. However that won't necessarily be your own flat or house, and there isn't a large stock of disability friendly one-bedroom properties anywhere.

Are you currently in a housing association flat, or one owned by the local council? Either way, you need to look at your local authority's website and see what help is available to those at risk of homelessness.

One final question, presumably you have the right to remain in the UK (say if not because that is fairly crucial!), are you able to claim benefits (because you are not working)? Does your wife have the right to remain? Is she able to look for paid employment? Does she have recourse to public funds?

I ask because you say you brought her to the UK, I know in some situations you have to prove that you have a high enough income to support yourself and your family members, and that the new arrivals are not entitled to claim any benefits, and in some situations they are not able to claim any benefits. This would almost certainly make a difference to her ability to take over the flat.

In response to some of your other comments, in the UK women are not universally expected to do as their husbands wish. It is inevitable that she will meet other mothers and carers at the playground and elsewhere, and she's entitled to make her own decisions about who she is friends with.

Fire_Fox

grendizer wrote: »

My concern if she called the police with false accusations. definatly they will remove me and its in her favour. What then Marvel!!

An accusation of domestic abuse is indeed automatic arrest. That works both ways.

Which some abusive people get wise to. And some victims exaggerate or fabricate (tell lies).

Grendizer I suggest you read the article on the website of your area (and any other UK area) police on 'Domestic Abuse'. :shhh: It is NOT limited to physical contact, nor even physical intimidation. You may have been a victim yourself, or you may know someone who has, or you may be a witness in the future.

If you are ever falsely accused of domestic abuse, be your usual polite self with the police officers. Try to follow their instructions, let them know that you are registered disabled, and if you do not understand anything. Request the duty solicitor and follow their advice. You can also ask for an interpreter or to see the nurse.

Please do not make any comment or answer any question about what happened without the duty solicitor. Not at your home, not in a car or van, not in the police station. :silenced:

I hope that helps you, Grendizer, or someone else who is going through a very difficult time. :A

eskimo26

If your the tenant and she is not featured on the contract just wait until she leaves and change the locks.

There are quick and cheap ways to do this (I think you can just change the barrel on the lock?) and as far as i'm aware it is perfectly legal if you put the original lock back when you leave.

Consider doing it soon if your worried about accusations of domestic abuse. This does not sound like a tolerable living situation and cant be good for your health.

Can you take care of your child alone or is your health too poor? I presume you have joint custody?

The council have an obligation to rehouse parent with child asap so she'll be rehoused quickly if she leaves with your child.

grendizer

BAFE wrote: »

If I were in your position I would stay where I was unless I was court ordered to leave.

Have their been any break-ins in your area recently? If so, I'd be tempted to set up a camera to record what happens in the house. This would have the added benefit that if your ex falsely accused you of assault, you'd have the camera footage to prove your innocence.

That would be a great idea but I am not sure about the legality of that!
Also, now she is threatening to take over the joint universal credit
I am not sure what is going to happen!

grendizer

Savvy_Sue wrote: »

Are you currently in a housing association flat, or one owned by the local council? Either way, you need to look at your local authority's website and see what help is available to those at risk of homelessness.
Yes, it is a housing association groung floor given to me due my disability. Its assured tenency

One final question, presumably you have the right to remain in the UK (say if not because that is fairly crucial!), are you able to claim benefits (because you are not working)? Does your wife have the right to remain? Is she able to look for paid employment? Does she have recourse to public funds?

I am British and granted her the citizenship. She is working cash in hand giving arabic lessons.
She can claim public funds with no restriction

Also, now she is threatening to take over the joint universal credit
I am not sure what is going to happen!

grendizer

Fire_Fox wrote: »

An accusation of domestic abuse is indeed automatic arrest. That works both ways.

Which some abusive people get wise to. And some victims exaggerate or fabricate (tell lies).

Grendizer I suggest you read the article on the website of your area (and any other UK area) police on 'Domestic Abuse'. :shhh: It is NOT limited to physical contact, nor even physical intimidation. You may have been a victim yourself, or you may know someone who has, or you may be a witness in the future.

If you are ever falsely accused of domestic abuse, be your usual polite self with the police officers. Try to follow their instructions, let them know that you are registered disabled, and if you do not understand anything. Request the duty solicitor and follow their advice. You can also ask for an interpreter or to see the nurse.

Please do not make any comment or answer any question about what happened without the duty solicitor. Not at your home, not in a car or van, not in the police station. :silenced:

I hope that helps you, Grendizer, or someone else who is going through a very difficult time. :A

Many thanks for all your kind remarks, its more than appreciated.
As a matter of fact, she is abusing me mentally and emotionally. Last week I banged my head agaist the wall which resulted in 5 stitches. I kissed her feet to leave me alone.

All what she said "I dont care I will take over the universal credit and leave you with nothing" and she left leaving mecovered in blood. I had to pay the last £8 I have in my pocket for a cap to take me to the hospital

sheramber

do a Google search for male victim of abuse. There are societies to give you advice and help

TBagpuss

eskimo26 wrote: »

If your the tenant and she is not featured on the contract just wait until she leaves and change the locks.

There are quick and cheap ways to do this (I think you can just change the barrel on the lock?) and as far as i'm aware it is perfectly legal if you put the original lock back when you leave.

Consider doing it soon if your worried about accusations of domestic abuse. This does not sound like a tolerable living situation and cant be good for your health.

.

Don't do this. Whether or not she is a joint tenant, as a married person she has rights to occupy the flat just as Grendizer does, and locking her out without warning would be strong eveidence in support of any cliams she might make of abusive behaviour.

Grendizer Don't move out. If you were to agree to put the flat into her sole name you would be considered to hve made yourself homeless, and would not be able to get anbother LA / HA Flat.

If the court makes an order decising whose name the tenancy should be in then whichever of you has to leave will be considered as being involuntarily homeless and will be able t o apply for other properties, althouhg how soon you may be rehoused would depend on the available accommodation in the area.

If a court is asked to decide about who should have the tenancy, they have to consider the impact on each of you of losing it - obviously they will want to avoid a situation where a child is made homeless but they would also need to take into account your needs, including any specifc adaptations you have for your sdisability, and the effect on you, as a vulnerable person, of losing the tenancy, and to consider what alternatives each of you has - for instance, how likely iot is that the HA would ofer either of you another property if you were unable to stay in the current home, whether wither of you would be in a position to rent privately, which of you your son will be living with etc.

T.T.D

t0rt0ise wrote: »

They haven't been added as a tenant but as an occupant. Therefore the OP is the tenant and should stay there. If the wife wants to leave with the child she can go to the council and be housed herself. The council is duty bound to assist with housing the child.

I should add that I know the section on the form that he's talking about and it doesn't make the wife a tenant.

The advice remains the same as she is the wife and has right to occupy the property as if she were a joint tenant, even if she wasn’t named at all, her rights are still protected, just as much as the OP’s Unless OP gets a occupant order to order to get her out or the landlord turn around goes for a possession order themselves.

Housing associations don’t normally add Wife’s husband’s civil partners on as named occupants to a tenancy as they’re rights are protected as if they were joint tenants, and the correct process is to do a joint tenancy in those circumstances, either way housing (should), council and courts see her as a “joint tenant”.


EDIT: sorry to reiterate on what TBag said.