Forced to leave my home - Can I reclaim my tenancy?

[Kpax]

My daughter and I had to leave our home just over 7 years ago moving in with my mum, in the same town but some distance away. We lived under the tyranny of a selfish alcoholic drunken argumentative nasty man (my now ex) who made our lives a misery with his behaviour and abuse. He stayed at the house and has over the years filled it with his "friends" (also drunks and worse). They have between them turned the house into a squalid and filthy hell hole - there is not a door left on the hinges (smashed off in all the drunken rows they frequently have) all the electric sockets are broken or missing (again smashed off) and the place is a total mess ! The neighbours have had enough of the constance noise from music, shouting, swearing, arguments inside and outside the house - in the street etc. The police visits are numerous but no one I think has complained to the Housing Assoc. because they fear reprisals and damage to their property so I am not aware whether the HA know of all this trouble or not. He has recently walked out of the property - leaving his debts and mess behind him. It was a council owned property but has since I left transferred to a Housing Association. My name has never been removed from the tenancy agreement (in his twisted mind he can tell himself that he has not really forced us out then and he's an ok person) and I am still named as joint tenant albeit in my married surname (I have reverted to my maiden name following my divorce). Does anyone know what my rights are to move back into the house taking up sole tenancy ?

[Lula]

Well, I would have thought that, if it is in your name, then yes you could, but do you really want to, what if he comes back? and think of all the repairs and damage that you will have to put right, although I suspect that you might be jointly liable for that.

What about rent arrears? was he up to date with the rent?

I have to say thought that these are just musings, I am in no way experienced in all this. I suppose that you could approach the HA and explain everything to them and see what they say?

[caro]

Moved to the lettings forum where you might get more detailed advice.

[Kpax]

Ok Caro - thanks !

[MrShed]

There are two questions here.

1) Can you move back in? YES. You are a CURRENT tenant of this property.
2) Can you move back in with sole possession? NO. Your right to be a tenant is no greater legally than your ex partners.

My thought is you need to inform the HA formally in writing that you have vacated the property and as such terminating the joint tenancy. Then move on - it is a risky business attempting to move back into that property in too many ways.

[Kpax]

Thanks for that Mr Shed - I agree it is risky - he is extremely unpredictable and has already gone back on his agreement to transfer the house to me many times - I did contact the housing assocation and they told me I have a right to the property as a joint tenant and they would be ok about me taking it back - they sent me a form for him to sign relinquishing his part of the tenancy (if I can get him to do that) BUT - and this is a biggy - they now seem more concerned about making me sole tenant so that I am solely liable for all the damage my ex has done since he hounded me out ! I guess to them I look like the easier option to harass over this than taking on a seriously mental drunk ! I have looked up some case law on this and they would have a job making that stick I think but its opened a whole new can of worms and problems that I may have to now deal with !

[MrShed]

Is there a particular reason you want to move back into this property? I think you REALLY need to forget about trying to re-occupy it unless there is a really really good reason - that assuming you can even get him to relinquish his tenancy rights(unlikely).

[Kpax]

Only that I want to let my daughter have the house eventually - it is a popular area to live and not many houses come up for rent - she does not stand much of a chance of getting one otherwise so this is my motivation really - to secure her a home ! He says he wants her to have it too but is vindictive about my moving in with her. I agree - we are both on the verge of forgetting the whole thing honestly but now the HA have thrown this in the frame - I now have the additional worry that they will try the (as they see it) easier option and pursue me for the damage ! I am prepared to fight this in court if necessary but its another loada stress to add to the original ! Ever wish i'd not rocked that boat ? Big YES ! But having said that if he ever was evicted this could have still come up and my name put on a black list somewhere ?