Help needed with housing - private rental, joint tenancy
EdibleToppers
Posts: 4 Newbie
I'm looking for some advice to do with our tenancy. Our relationship has broken down, and we have been living 'separate under the same roof' for a while - but for the sake of my children, I need to be in a separate home as it is just not working.
Our current tenancy is a joint tenancy, but we have had no written lease. My OH refuses to move out of the house, even though it would be me remaining with the children, and being able to remain in their home would of course be the better option for them in a time of turmoil.
I have though, applied for council housing - as this would be the only way I can move out affordably - not ideal, but better than the current situation. Housing officer requires a written lease - to show that the tenancy is joint, and therefore, that I am in need of housing given the situation. (Social services are involved due to physical abuse on the children by OH, and emotional abuse by means of arguments in front of the children). Our landlord is prepared to give us a written lease, just not something he has gotten around to and has been no pressure to do in the last three years we have lived here. OH however, refuses to sign it. This means, I cannot get the application complete for Housing! Payment of rent comes from OH's account, so I cannot even show rental payments to the landlord.
What suggestions do you have re my rights if he refuses to sign the lease? I realise that either one of us can end the tenancy at any time with appropriate notice, but according to housing, this would be making myself intentionally homeless.
I need to get out of here, or get him out for the sake of my children (and to be honest, for my own health too!).
To go through court to get a possession order, he has stated he will stand there till the police drag him away before he leaves, and he has such an emotional hold on the kids, that again, to put my kids through that would be horrible, not to mention the abuse that would take place while the court case was taking place.
If you have any advice on what I can do at all, it would be much appreciated! Thank you in advance
Our current tenancy is a joint tenancy, but we have had no written lease. My OH refuses to move out of the house, even though it would be me remaining with the children, and being able to remain in their home would of course be the better option for them in a time of turmoil.
I have though, applied for council housing - as this would be the only way I can move out affordably - not ideal, but better than the current situation. Housing officer requires a written lease - to show that the tenancy is joint, and therefore, that I am in need of housing given the situation. (Social services are involved due to physical abuse on the children by OH, and emotional abuse by means of arguments in front of the children). Our landlord is prepared to give us a written lease, just not something he has gotten around to and has been no pressure to do in the last three years we have lived here. OH however, refuses to sign it. This means, I cannot get the application complete for Housing! Payment of rent comes from OH's account, so I cannot even show rental payments to the landlord.
What suggestions do you have re my rights if he refuses to sign the lease? I realise that either one of us can end the tenancy at any time with appropriate notice, but according to housing, this would be making myself intentionally homeless.
I need to get out of here, or get him out for the sake of my children (and to be honest, for my own health too!).
To go through court to get a possession order, he has stated he will stand there till the police drag him away before he leaves, and he has such an emotional hold on the kids, that again, to put my kids through that would be horrible, not to mention the abuse that would take place while the court case was taking place.
If you have any advice on what I can do at all, it would be much appreciated! Thank you in advance
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Comments
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Hello Edible Toppers
As Social Services are involved then it may be that they can intervene with the Council. It may be that if you told the Council all of this that they can give you an idea of what other information they would accept ie a letter from your landlord.
Unfortunately this is not really a housing issue but a matrimonial one. You are going to need to seek advice from a solicitor unless you can come to agreement. As you have already discovered you need cooperation to enforce some of your rights otherwise you will need to go to court.
You may be able to get a free initial interview with a family law solicitor“Official CAB Representative
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