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Getting ex partner out of house - help!

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  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    baldelectrician wrote: »
    You cant do an AT6 as there was no AT5 issued before the tenancy was created.


    You now have an assured tenancy which is very hard to stop.

    I thought both Short Assured and Assured tenants had to be sent an AT6 notice of proceedings. The main differences between evicting an Assured tenant and a Short Assured being that rather than issuing the tenant with a Section 33 notice the landlord of an Assured tenant has to issue the council with a Section 11 notice and that only some grounds for eviction apply to Assured Tenancies (2, 8, 11-14, 16) none of which (I think) cover the landlord wanting to sell. This is why the OP's husband should not attempt to DIY the eviction.


    http://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_private_tenants/eviction_of_assured_tenants
  • superhez
    superhez Posts: 2,261 Forumite
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    They were never married, hence no divorce. The son is 40 (not my husband sons just for clarification.)

    Going to a solicitor today, to see what we need to do. The only written agreement they had (just written up and signed by them|) was that the ex could stay on the house until May 2014 if she paid the bills to give her chance to get financially sorted, but this just carried on as there was always a reason they couldn't go, so would seem we know have an assured tenancy.
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  • silvercar
    silvercar Posts: 46,942 Ambassador
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    At least any status as a tenant will prevent any claims on the equity in the property - you can't be an owner and a tenant. Plus if ex's son has been claiming housing benefit, he can only claim to be a tenant without admitting to benefit fraud.
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  • superhez
    superhez Posts: 2,261 Forumite
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    silvercar wrote: »
    At least any status as a tenant will prevent any claims on the equity in the property - you can't be an owner and a tenant. Plus if ex's son has been claiming housing benefit, he can only claim to be a tenant without admitting to benefit fraud.

    Thanks Silvercar that's something, unfortunately me husband also gave them money (not all of expected profit but some) up front to help them move out, I know, I know, I did tell him :(
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  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    This is why I was trying to establish who the housing benefit was receiving the housing benefit from the council. If the ex and son try to claim they are not tenants and therefore fraudulently claimed housing benefit then if your husband received the housing benefit directly from the council then he could be up !!!! creek as well. Your husband could be forced to repay the housing benefit.
  • superhez
    superhez Posts: 2,261 Forumite
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    edited 15 March 2017 at 12:05PM
    Pixie5740 wrote: »
    This is why I was trying to establish who the housing benefit was receiving the housing benefit from the council. If the ex and son try to claim they are not tenants and therefore fraudulently claimed housing benefit then if your husband received the housing benefit directly from the council then he could be up !!!! creek as well. Your husband could be forced to repay the housing benefit.

    Right just checked hb is coming direct from council to my husband, but the ex and son definitely want to claim they are tenants, because that way they can claim council house, so that is the route we are going down, evicting tenants, he is going to make sure lawyer knows everything and just have to take it from there.
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  • NYM
    NYM Posts: 4,066 Forumite
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    What reason do they have for believing they'd be eligible for social housing?
  • superhez
    superhez Posts: 2,261 Forumite
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    Because they are claiming they are being made homeless, because we have asked them to leave as property needs sold to repay mortgage.
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  • NYM
    NYM Posts: 4,066 Forumite
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    superhez wrote: »
    Because they are claiming they are being made homeless, because we have asked them to leave as property needs sold to repay mortgage.


    That still doesn't entitle them to a property. They'll have to add their names to the housing list.
  • superhez
    superhez Posts: 2,261 Forumite
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    NYM wrote: »
    That still doesn't entitle them to a property. They'll have to add their names to the housing list.

    They have done this and the council have advised they need us to issue an AT6, think this will push them up the list. So looks like this is the route we will have to go down, just annoying as they have money from my husband that they could use to move and privately rent because they had agreed to move out.
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