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michaellola

HELP taking name off joint tenancey

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hi i have left my partner after 8 years of domestic vilonce iam waiting to be rehoused by a council in a diffrent area they have agrred to house me and my 2 children after i have taken my name off of the joint tenancey that i had with my ex partner they said i could do this by giving them a notice to quit ihave done this and told them i can not go back to the area beacuse of the vilonce.

the housing officer said she wanted proof of the abuse :mad:

i did not call the police when the abuse was going on and the only person i spoke to was from womens aid so womens aid contacted the council and told her that it was unfair that she should ask for evidence .

so she asked me to go to cab and make a statment about the abuse when i lived at the property i lived in with ex so they could use this against my ex to get him evickted my out reach worker from womens aid advised me not to do this as my ex partner has left me alone and i feel like this would put me in danger the lady from council said if iam not going to do this she will pass it to the legal team does anyone no how i can take my name off

any advise please x

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Hello Michaellola,so sorry to learn of your life of hurt.Welcome to the CAG,we all try to help each other here.Glad to hear at least you are safe now with your 2 children who probably have seen so much in their lives.I promise i will try to help you tommorow to sort this out .Others ,im sure will help too.Please rest tonight advice will come,you find here people with experience of many things,i wont give up till you get the information you need,Im just putting the website of womens aid up in case someone now or in the future needs similar help- Women's Aid - Homepage see you tommorow,try to relax,Tawnyowl.

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Will work tommorow to find the help you need but have found this freee legal advice line.You may want to talk to them,Rights of Women - Adviceline

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I am just reading about one person wanting to take their name of a joint tenancy agreement.As i see it at the moment it ends the whole tenancy unless the remaining person can agree with the landlord a new tenancy agreement.I feel slightly miffed that the council seem to want proof of the violence to evict your abusive partner,as surely ending your part of the tenancy achieves this for them .It is not your problem to give them or for you to live through the pain by letter or other means to gain his eviction,you have done what you can ,all you want is a new nest for your family.I would ring the helplines or womens aid to phone again the council or the free legal line as soon as possible to clear this up,Enoughs enough for you,best wishes Tawnyowl,

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All you need to do Michaellola is to ask your Council to give you a standard termination of tenancy form. When you have it, terminate the tenancy. The Grady ruling (one of the London Borough v Grady) allows for you to terminate a joint tenancy in its entirety. I'm surprised that your HO hasn't advised you to do so (although HO's have to be careful that this is not used out of sheer spite). I'm gobsmacked that Women's Aid haven't told you this.

 

Unless the authority is prepared to set up the ex as a tenant in his own right, when the tenancy reaches its 4 weeks notice period, he is out. Their problem, not yours.

 

In your case i would have advised you to do this from day 1 - I would have accepted the info from the Women's Aid - but I'm afraid I would have tore you off a strip about not reporting this to the police as well. But, never mind, now, with this knowledge you can nail the swine big time with very little effort and put the whole sorry episode behind you.

 

I wish you luck, stay safe, and never, never, have a joint tenancy again, whatever the man promises. The accommodation is provided for you and your children, life's hard enough, but ladies, this is the best piece of advice I can give you - because when it all goes belly up at least you will have YOUR home. If you marry someone then that's different, they get tenancy rights automatically. So, perhaps we shouldn;t be doing that either!

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The only other thing i can think off is the council mean if they dont get any info from you,they will use their legal team to evict him as just maybe your name is allready off the agreement,ending legally the original tenancy,keep asking any questions you have,Tawnyowl.

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Sorry Jackieandwayne,good advice,was writing as you posted,think im going to cool down.This domestic violence makes me so angry,most seems to be hidden like a iceburg.

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It should state quite clearly in her tenancy agreement about D/V - tenancy breach, end of. Whilst as a HO I would have accepted a termination in its entirety, without the evidence of the police or a GP I would not be attempting to evict the "gentleman", I need absolute proof - and in this case I wouldn't be trying to get you to make statements etc because of the risk to you. (Although if you were adamant that you wanted to then that can be used to start eviction proceedings). Which is why these things must always be reported to the police - even if you are not ready/strong enough to do a runner yet ladies, get it on record.

 

If you do as I have said, this will sort the matter out, and Mr Thug can sit on it and spin.

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Oh I hate it too Tawny Owl. In this job its one of the commonest things I come across. And ladies, (and in some cases chaps too) not one of these miscreants has ever had the guts to stand up to me when confronted - and i will confront them when I know what's going on. They are all cowards. Put someone before them who they can't intimidate and watch them crumble - really. Only two months ago, one of my female tenants asked to speak to me alone whilst doing an inspection where her partner was present, and out it all came - being beaten, abused, could I help? Oh, I helped alright, went straight out to the miscreant, who was not a joint tenant, and told him I knew exactly what was going on, it was no longer a secret, and if and when this lady was ready to pay him back I would help her to his detriment. I then asked him to get out and not come back. I had my mobile in one hand, and i was just about to call the police to him, when he did one. Changed her locks, changed the door entry code to the block. Notified police he was trespassing if seen in the building, and on the one occasion he turned up there,he was arrested straight away - and why? Lady took my advice and went in to see the DV co-ordinator at the cop shop - great trail of evidence.

 

Ladies, never be afraid to call the police, and what you will find is one of the things most male officers detest is a female who has been beaten by a man! It can be very rewarding to see him dragged out cuffed top and bottom - after all, what a small price to pay for what he has put you through! Hopefully in front of the neighbours as well. Shame we don't have stocks.

 

What anyone in this frightening situation needs to do is contact the DV team at the police station. This is in complete confidence, they willnot act unless you say so, and then you have your trail of evidence if things get so bad that you have to do a flit to another area. And also, don;t forget, a problem shared and all that ..... its very true.

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hi thank tou everyone for your advice

i know i should have gone to the police at the time i did not have the confidence. i have spoken to housing officer tday and she said that she is going to call him into the office to tell him i want to end the tenancey.

so they must have accepted my ntq the tenancey i hope so any way i have also spoken to shelter tday and they are gobsmaked about way the council have treated my case and are going to speak to council on my behalf any more advice would be great x

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Let Shelter sort this for you now, you just concentrate on staying safe. You have an absolute right to end your tenancy, and there is nothing the housing dept can do about it. They have to deal with him, not you.

 

It will all come out in the wash x

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