Non-Tenant Occupier

Comms69

Bobbymax said:

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? 

He changes the locks and kicks her to the curb. Done. Its that simple. Why on earth is he moving out? She's a guest, guests get told to leave. If they refuse, throw them out or get the police to do so.

Bobbymax

Comms69 said:

Bobbymax said:

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? 

He changes the locks and kicks her to the curb. Done. Its that simple. Why on earth is he moving out? She's a guest, guests get told to leave. If they refuse, throw them out or get the police to do so.

Comms69 said:

Bobbymax said:

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? 

He changes the locks and kicks her to the curb. Done. Its that simple. Why on earth is he moving out? She's a guest, guests get told to leave. If they refuse, throw them out or get the police to do so.

Thanks for the responses so far.
It's his daughter which is preventing him just kicking her out and changing the locks (can he legally do that anyway?). He's moving to a smaller place because he can no longer afford the rent. We are getting conflicting legal advice and may have to get social services involved.

greatcrested

So there are 3 issues:

1) her. Yes he can kick her out and change the locks. It's legal as explained.

2) the rent. If he can't afford it he needs to end the tenancy and move - but that is unconnected with 1) above, especially as she's not contributing. Is he in a fixed term tenancy or periodic (rolling)? What are the exact dates?

3) his daughter. Is it his intention/hope to keep custody? Either he keeps her in the property, or kicks her out with the mother. Either way, that is going to have to be resolved,possibly via social services and/or the courts. He needs advice.

Comms69

Bobbymax said:

Thanks for the responses so far.
It's his daughter which is preventing him just kicking her out and changing the locks (can he legally do that anyway?). He's moving to a smaller place because he can no longer afford the rent. We are getting conflicting legal advice and may have to get social services involved.

Why is his daughter preventing it? Can you elaborate?

Yes ofcourse he can legally remove an unwanted guest in his home (and change the locks, it's a myth that locks cant be changed. Takes 15 minutes and perfectly lawful). Just as if I was to turn up there.

You want simple legal advice. Kick her out. Claim benefits for the child. Claim Maintenance for the child. That is as simple as it gets. 

You seem to be protracting this purely because of gender. In what way is that relevant?


On the note of rent. Well benefits will pay most of that. Moving seems to be the worst decision he can make. Despite assurances from esteemed posters (CIS in particular) if she refuses to leave, or causes damage, the cost of removal and rectifying it will fall on him, as he is responsible for the behaviour of his guests

Bobbymax

Gender is irrelevant, not sure about your angle there. Should I have said the short-term welfare of the daughter and how it would be viewed? 
For the record, I agree about locking her out.

Comms69

Bobbymax said:

Gender is irrelevant, not sure about your angle there. Should I have said the short-term welfare of the daughter and how it would be viewed? 
For the record, I agree about locking her out.

I wasnt clear, my apologies, and obviously not angle. 
I think gender is playing an issue in this, because if the genders were reversed, i dont think you or anyone would be considering the welfare of the daughter, in terms of repercussions for evicting an abusive partner. IE if the mother kicked out an abusive father.

There's nothing to be 'viewed'. And perhaps that isnt clear from what's being said. What are your / his specific concerns? Because there are tens of thousands of parents who do this everyday, some justified, some not - none of whom face any official sanctions.

nyermen

The child situation is also complicated (To be clear, these two are the parents right?)
Though there is a child involved who dotes on my son

 Actually I read this differently, that she has a child (another relationship).  If they had a child together I'd be surprised if she wasn't on the tenancy.  Obviously clarification of this is what matters first as the situation is very different (appreciate that child may dote on the son).
I'd be looking to quietly record (audio? video?) an incident otherwise it's he said she said, and the law isnt always impartial as to who is at fault.  The additional sad part is, the mother may need to be reported if she is behaving in this way - is the child safe?
Don't forget the son has the same rights for domestic abuse.

Mandapanda123

Evening everybody,
Looking for some advise, I’m new so please be gentle 😊
Long story short my marriage of 20 years ended when I plucked the courage to have X arrested for domestic violence, thinking that would pave the way to a new safer happier future for me & my sons but (nop) I feel like Iv jumped out of the frying pan into the fire!

He’s just sold our home which although I have a percentage off, it’s splitting up my family & leaving me effectively homeless.
He left me in debt, effectively ruining my credit score, I suffer poor health & care for our disabled son. 

I have 2 sons and although they are older now they had not planned on leaving home yet.

However my eldest is now moving with a friend. Leaving myself a self employed carer on a low wage & my youngest also on a low wage to find a place affordable enough to rent & somebody who will actually agree to rent to me, With my credit record.

Iv secured an apartment for my disabled son (rent to buy) & my eldest has taken one on near to his for me to still provide the care needed from a housing !!!!!!. 

On the understanding it is for 1 year only so until Nov 2021. After that he wants me to rent in my own name 😕 which to date as I say has been impossible. I’m not going to have cleared my credit up by then and I didn’t qualify when I applied initially. so I’m petrified as just being an occupant only, I will be evicted when he ends the tenancy.
I will be paying the full rent to keep it so he is not paying for it. 

I’m hoping someone more knowledgeable than me could explain my options as I am so scared about becoming homeless.
My health problems & being a carer mean I can’t hold down a regular job, which is why I started my own business (which is suffering due to covid), which is another story altogether.
So please if anybody can help advise what I can do or of any rights I may have come November I would be so grateful. I also suffer hearing loss and my little dog is my hearing assistance, the housing association are already making me get doctors letters and all sorts to even allow us to move in so I worry I wouldn’t be prioritised as it is.

Many thanks
p.s apologies for the big back story!  

Slithery

@Mandapanda123
You'd be better off starting your own thread otherwise you'll get people answering the OP's question instead of your own.