Unofficial council eviction?

Beefpot

Hi, my father has been a council tenant for 27 years, and this question is on his behalf (as he isnt great with tech). He had a new partner move in, declared and added to his tenancy about 10 yrs ago. They have fallen out about a year ago. It transpires the partner cancalled their joint tenancy last month and applied in their own right for the house they are both living in. They have kids together, no, dv crime etc. He found out about a week before the tenancy was due to end from the partner. He has now been served with a scrap of paper from them to quit the property or the police will be imvolved. So i have helped my dad, who is a pensioner and recovering from cancer, to register as homeless with the council. The computer says he can not apply for a property for 6 moths. He has tried to contact the council, and I have to be fair, via email, telephone and personal visit. No one ever is bale to help or answer any questions. This all just feels wrong and the council are yet to actually notify him of what is/has happened or attemptt o evict his. What advise does anyone have....just doesnt feel right.

Herzlos

I'd go to the police first; because this seems to at least be fraud - she shouldn't have been able to cancel his tenancy without him.

Also check with citizens advice and shelter, and get a lawyer.

The scrap if paper is almost certainly going to be insufficient to count as any legal eviction notice, and she can't take it through a court because it'll highlight the fraud.

He'll need to be wary about locks getting changed on him if he goes out though, so I'm not sure how you'd handle that.

user1977

Beefpot said:

He has now been served with a scrap of paper from them to quit the property or the police will be imvolved.

Who are "them"?

pinkshoes

Beefpot said:

Hi, my father has been a council tenant for 27 years, and this question is on his behalf (as he isnt great with tech). He had a new partner move in, declared and added to his tenancy about 10 yrs ago. They have fallen out about a year ago. It transpires the partner cancalled their joint tenancy last month and applied in their own right for the house they are both living in. They have kids together, no, dv crime etc. He found out about a week before the tenancy was due to end from the partner. He has now been served with a scrap of paper from them to quit the property or the police will be imvolved. So i have helped my dad, who is a pensioner and recovering from cancer, to register as homeless with the council. The computer says he can not apply for a property for 6 moths. He has tried to contact the council, and I have to be fair, via email, telephone and personal visit. No one ever is bale to help or answer any questions. This all just feels wrong and the council are yet to actually notify him of what is/has happened or attemptt o evict his. What advise does anyone have....just doesnt feel right.

A scrap of paper? I'm pretty sure the council don't send out scraps of paper to evict! Could it be his ex who has faked an eviction paper?

What exactly does this scrap of paper say? Are they BOTH still living there?

I certainly wouldn't be moving out. He needs to contact the council ASAP and let them know that only SHE has cancelled the tenancy and he will be remaining in the property so needs a new tenancy again in his own name.

sheramber

If you cannot get any help or sense from the council contact his local councillor.

elsien

Herzlos said:

I'd go to the police first; because this seems to at least be fraud - she shouldn't have been able to cancel his tenancy without him.

Also check with citizens advice and shelter, and get a lawyer.

The scrap if paper is almost certainly going to be insufficient to count as any legal eviction notice, and she can't take it through a court because it'll highlight the fraud.

He'll need to be wary about locks getting changed on him if he goes out though, so I'm not sure how you'd handle that.

Pretty sure that’s not accurate and either party can cancel a joint tenancy without the consent of the other. it does risk both of them being homeless because the landlord then has to agree to the single tenancy of the property being allocated to one of them.

How old are the children?

 Have you checked the local authority lettings and allocation policy with regards to the ending of a joint tenancy?

He needs to get onto a local councillor although with elections coming up they may or may not take notice. He also should not be being treated as intentionally homeless when none of this is his doing.

Herzlos

You're right, it looks like you can end a joint tenancy without needing every tenant to be involved. That seems completely broken.

Brie

With his health conditions and possible age the council should be looking at getting him into sheltered accommodation rather than just rehousing him which might mean him moving into a shared flat or a hostel.  

Also have a look at the local housing associations.  If he's at least 60 he might be able to move into one of those quite quickly particularly if he is happy to have a studio flat.  Rents are normally well below market value. 

Section62

Herzlos said:

You're right, it looks like you can end a joint tenancy without needing every tenant to be involved. That seems completely broken.

There's also something wrong if he's been told he has to wait 6 months, whereas she (the instigator of the notice) was able to apply for and get a new tenancy for the same property straight away.

It feels like one of those threads where there is something going on the OP doesn't know about (yet).

Surprising the dad only found out about this when the partner told him, not by a letter from the council confirming the end of the joint tenancy.  I can understand there are situations where any one of the joint tenants would want to give notice, but not without the other tenants knowing about it (unless there was something like DV or other risk of harm).  Unless there was a letter from the council to him, and the partner made sure he didn't see it?

Voyager2002

Beefpot said:

Hi, my father has been a council tenant for 27 years, and this question is on his behalf (as he isnt great with tech). He had a new partner move in, declared and added to his tenancy about 10 yrs ago. They have fallen out about a year ago. It transpires the partner cancalled their joint tenancy last month and applied in their own right for the house they are both living in. They have kids together, no, dv crime etc. He found out about a week before the tenancy was due to end from the partner. He has now been served with a scrap of paper from them to quit the property or the police will be imvolved. So i have helped my dad, who is a pensioner and recovering from cancer, to register as homeless with the council. The computer says he can not apply for a property for 6 moths. He has tried to contact the council, and I have to be fair, via email, telephone and personal visit. No one ever is bale to help or answer any questions. This all just feels wrong and the council are yet to actually notify him of what is/has happened or attemptt o evict his. What advise does anyone have....just doesnt feel right.

The police would NOT be involved... that suggests that the scrap of paper is a forgery. You might care to investigate what other lies have been told, and see what crimes (if any) have been committed.

Seek advice from Shelter, and -- as always -- do not leave the property without a court order.

elsien

Police wouldn’t get involved with an eviction letter from the council but if the ex is claiming
harassment they do tend to take people’s words for it whether justified or or not.


But with his contacts with the council surely someone must have confirmed whether or not the tenancy has been officially ended?