Non-Tenant Occupier

Bobbymax

Really urgent help needed. Sorry, don't know where to turn.
My son is the sole tenant of a rented house. 
It's been shared with a now ex-partner for three years but she told him she was leaving him at Xmas for someone else she'd met online.
That new relationship quickly fell apart, however, and now she's stuck and has become increasingly abusive, both physically and mentally. He's at work from 6am to 4pm working to maintain a vital utility supply in the current crisis. She refuses to buy any food for him and keeps him awake at night playing games online at full volume - she contributes nothing else to the rent, utilities or council tax.
A couple of weeks ago, she hit him from out of the blue as he was sat watching TV and he had to have hospital treatment for a suspected fractured eye socket. She told police she was defending herself, it wasn't true. She is threatening him with knives and we have since learnt that she has done the same twice before in previous relationships.
Though there is a child involved who dotes on my son, he needs to get away for his safety. He has found a vacant flat and we have offered to help him out financially in the short term by paying the rent. He doesn't want her out until virus restrictions are lifted.
However, it now transpires that he can't give notice on his current tenancy or even ask his landlord to evict him later in the year as she is refusing to move, even after the virus lockdown has lifted, and the landlord can't force her out. My landlord says my son is liable for the rent even if he leaves and gives notice, and he'll prosecute him if he stops paying. How on earth can my son get on with his life and sort out his child's future if he has to subsidise this woman indefinitely? 

Slithery

Wait until she leaves the house and change the locks?

[Deleted User]

 The landlord can't prosecute him. 

He can only take him to Court to get an order saying your son owes him money. If that money is not paid the landlord can obtain a CCJ. 

princeofpounds

If he is the sole tenant as you say, he has gone about this entirely the wrong way. He needs to force her out, and not leave. He has security of tenure, not her. The most critically important thing from the housing point of view is that he should not leave and accept any payments for accommodation, as that risks creating a subtenancy and awarding her rights she would not otherwise have. I assume he has not done that? I assume he has not made any contract with her at any stage?

Leaving the house to her occupation alone is not a sustainable solution, unless your son is happy with indefinite subsidy. If a solution is not sustainable, it's not really a solution - it's a sticking-plaster. Your son will remain liable for all the rent, any damage caused, and probably council tax and bills as well in practice. His landlord is right (although your son would be sued, not prosecuted; defaulting on rent is not a crime). If the landlord is not happy to assign the tenancy to her, and it sounds like he isn't, then it would make more sense to subsidise her with a deposit to rent a new place or put her up in a b&b for a few months, than it would to subsidise her in the current property.

He also needs to protect himself from the abuse point of view. He needs evidence to protect himself against counter-accusation. He should try to record or get witnesses, particularly when he excludes her from the property.

You'll probably hear different opinions about the virus, but government guidance has been clear that domestic abuse victims are not prohibited from travelling, and more broadly-speaking shouldn't be prevented from protecting themselves.

The child situation is also complicated (To be clear, these two are the parents right?). I do not know how best to handle that.There is a child support and family board that may be able to suggest ways forward.

tootiemac

Who is on the tenancy agreement? just your son or both?
If its just him then I agree with Slithery.
If both then I would leave and as _shel points out let them chase, while in the meantime document everything, the injuries the threats, everything! and get advice from the police or shelter.
One of the things I used to do was switch on a voice record as I walked in the door. it proved alot.
Also Alexa (amazon echos) actually record more than you think so if they have 1, you could see what they stored.
this might help if he wants the police to remove her.

[Deleted User]

You might take advice from Shelter or Citizens Advice with a view to changing the locks and a safe procedure to return any property that she might have at the address.
Your son suffered a fracutured eye socket which she claimed was self defence. Although it is inevitable that many domestic incidents without witnesses cannot be progressed by police, a serious injury was sustained on this occasion which should have resulted in her arrest, removal from the property, and prosecutution with the opportunity for a Restraining Order. An abusive situation of this seriousness should be escalated by police and local partner agencies for safeguaridng reasons.
If there is any concern for the child being exposed to this abusive as a witness, childrens social services should be informed.

princeofpounds

Indeed - I hope he received medical treatment for the eye socket and has evidence of e.g. x-rays.

CIS

If your son correctly serves notice and leaves the property then he is not responsible for her continuing occupation in the property following his notice period - that is then between her and the landlord. Your sons legal responsibility for the property stays only as long as he is the legal tenant.

hb2

There is useful advice about abuse here - https://mensadviceline.org.uk/

NortheastEA

Your ex as classed as a "permitted occupier" at the beginning of the tenancy she will have had to sign some sort of  "Licence To Occupy" or it may form part of the tenancy - wording we use signed by the permitted occupier is:
We confirm that the landlord consents to your occupation of the property as a licensee of the tenant(s) ***********. The landlord will not regard your occupation as a breach of the tenancy agreement dated ********* so long as the tenant remains in occupation of the property and you are a licensee of the tenant. Should the tenant vacate the property then you must vacate the property immediately, failing which you will become a trespasser.
Alternatively you could "evict" her by changing the locks as previously stated.

greatcrested

Re the abuse: report tppolice with evidence and call police each time it recurs.

Re housing: he is the sole tenant. She lives there with a licence that he has granted her, and which he can withdraw at any time. He must give 'reasonable notice'. Given the circumstances, that is probably 24 hours or less.

Then change the locks while she is out. Then pack her stuff (carefully - it belongs to her) and arrange a time when she can collect it from the front door at a time when he has friend(s) present to ensure she does not come in.