Housing association refusing to remove ex from tenancy

EmsyPuzzle

Due to domestic abuse I had to have my ex removed from our home by court order in December.  I have an occupation order and non molestation order, my ex is not allowed within 100 metres of the house without my consent, is not allowed to occupy or have keys to the property.  I gave a copy of the court order to my housing association and they have stated that because the court order doesn’t specify that they have to remove my ex from the tenancy they won’t do it.

It was a joint assured tenancy, we’ve held it for seven years.

I’m currently in the process of starting divorce proceedings and for both mine and ex’s best interests I don’t really want him to remain on the tenancy.  Housing association have refused my writing to appeal their decision on this so where do I go from here?  Do I file a FL403?  Will this cost anything (I’m a disabled lone parent to three disabled children and on income support).

Many thanks

[Deleted User]

I think you should seek legal advice from Women's Aid on this.  Its a specialist area, I'm not sure we can answer with any expertise, much as we would like to.  

HampshireH

You would need a court order specifying he is to be removed. Otherwise he has as much right as you to the tenancy.

Women's aid will be able to advise you of your local services

Norman_Castle

As above but also knowing why they wont remove him would help. There may be costs involved as they may have to evict him from the tenancy which they may see as unnecessary if he is not allowed at the property. On what grounds could they evict him?

Does the tenancy state tenants have to occupy the property as their primary home? if so this possibly could be used to remove him.

theartfullodger

Sorry to hear of DV: Never right.

Simply serve notice to quit: That will end tenancy for everyone , him & you.  Then apply for a new tenancy from your housing association (or anywhere else that will accept you).  In your shoes I'd not provide address of new home.

Norman_Castle

theartfullodger said:

Sorry to hear of DV: Never right.

Simply serve notice to quit: That will end tenancy for everyone , him & you.  Then apply for a new tenancy from your housing association (or anywhere else that will accept you).  In your shoes I'd not provide address of new home.

OP Please don't do the above. You have a secure home which your ex cannot approach.

Lexy_D

Hi EmsyPuzzle,
 My daughter was in the same situation as yourself four years ago. Her ex was found guilty of DV in court and had the same conditions imposed on him as your ex. They also had a joint assured tenancy. She is a Council tenant so I am unsure if it is the same as for Housing Association tenants. 
Anyway, she rang the Council and the Housing Officer came to her home with a form she had to sign requesting her ex be removed from the tenancy. Her ex also had to sign the form giving his 'consent' to be removed. He did not agree to it straight away but eventually he signed it. The original tenancy was then replaced with a new one in her name only. It took longer for him to agree than it did to sort out the new one.
I understand that the rules may have changed in the last four years but at the time, it was a simple process and did not cost her a penny. 

TBagpuss

The HA isn't being difficult, they can't legally remove him from the tenancy unless either he agrees, or a court makes an order transferring the tenancy.

Ideally, your ex would consent to be removed - your solicitor may be able to get him to do so by pointing out that he remains liable for the rent (including any future arrears) so long as he is on the tenancy. However, he may refuse to cooperate, to be difficult, or because if he consents then he will be deemed to have become voluntarily homeless which makes it harder for him to get new housing. 

You can apply to have the court transfer the tenancy - this can be done as part of a wider financial settlement as part of your divorce, or you can make a free-standing application - the application is under Schedule 7 of the Family Law Act .
If you had legal aid to cover the cost of your injunction you may be able to extend it to include applying to transfer the tenancy.