Unofficial council eviction?

penners324

Get the locks changed.

What your father's ex is doing is illegal.

elsien

penners324 said:

Get the locks changed.

What your father's ex is doing is illegal.

Would you like to justify the basis of that statement? 

theartfullodger

Which country ?? (eg Wales, NI??) Laws vary.

Assuming England, any single tenant of a joint tenancy can give valid notice to end tenancy for all.

see..https://england.shelter.org.uk/housing_advice/private_renting/joint_tenancies/how_to_end_a_joint_tenancy


l.  Has been the law for years.  Sorry. Council, housing association, private landlord tenancies, applies to all.

Suggest he speaks calmly and politely to council and seeing what can be done.

Bookworm225

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.

but from the other direction it is the only sane possibility otherwise one side could be held to ransom by the other refusing to end it.

RAS

Bookworm225 said:

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.

but from the other direction is is the only sane possibility otherwise one side could be held to ransom by the other refusing to end it.

The other issue being that if either party then fails to vacate, they are both potentially liable to penalty rent, often quoted as double rent.

Not an uncommon problem with DV victims holding joint tenancies. The leaver can't give notice without the abuser's co-operation, and often they stay put and just fail to pay the rent, knowing the leaver is equally liable.

Bookworm225

FACTS

ending a joint tenancy 
Joint council tenancies and relationship breakdown - Shelter England

You can end most council and housing association tenancies by giving at least 4 weeks' notice in writing. This is called a 'notice to quit'.

You do not need your ex's agreement to give notice. But you should think things through before taking this step.

The tenancy will end for both of you. Anyone living there may have to leave, unless the council or housing association agree to a new tenancy in the same home.

It could mean that you both end up without a settled home. Your council or housing association do not have to offer either of you a new tenancy if you end your tenancy.

If you ask for homeless help, the council could decide you're 'intentionally homeless' if you ended your tenancy when it was reasonable for you to stay there. This can mean they will not help with longer term housing even if you have children or another priority need

If your ex ends the tenancy without your knowledge or agreement then the council should not treat you as intentionally homeless.

and what happens after

Homeless help from the council after relationship breakdown - Shelter England

HampshireH

Dad needs to get an appt with the housing officer urgently.

Explain this has been done without his knowledge and he is now being threatened with police action if he doesn't comply.

Whilst you say there is no DA this is not normal behavior and could be a form of elder abuse. He needs to ask for their help. It's a shame he added her to his tenancy 10 years ago.

Section62

Bookworm225 said:

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.

but from the other direction is is the only sane possibility otherwise one side could be held to ransom by the other refusing to end it.

The other sane possibility is for the tenant(s) not giving notice to be offered a new tenancy without the one who wants to quit, even if this isn't something councils normally do.

Sapindus

The "scrap of paper" threatening police action, however unenforceable it is in reality, is useful as evidence that he can't reasonably live there and may therefore be able get help from the council.

silvercar

Something doesn’t add up. The partner isn’t going to end the tenancy and then expect the council to give her the same property on a new tenancy. It’s too risky for her.