What next?? advice needed.....

[bladerunner22]

Hi everyone, Dont know if I am in the right place, feel free to move if not.

This is my problem, my Daughter is the tennant of a Council Property her sole name on the aggreement. She has lived in the property with her partner and their little boy for the last 7 years. Beginning of May this year she and her son had to flea the property in the middle of the night because her partner became abusive and violent towards her. She has been trying to end the relashionship for a while but he refuses to leave the property

 

She has told the Council of the situation she finds herself in, they told her they would get the now ex removed from the property so that she could return, Long story short they have now informed her, after speaking to their legal team there is nothing they can do to remove him as he is classed as a vunerable person, but agreed to still pay housing benefits in her temporary absence, she has to make her own arrangements to get him removed.

 

She went to see a Solicitor, was awarded Legal Aid to get an Occupation Order, after the Solicitor had spoken to their Housing Team it looks very unlikely a Court would give her the Occupation Order so dont want to pursue the matter.

 

For housing benefits to carry on being paid in her temporary absence she has to be willing to go back to the property when all this mess is sorted and prove what actions she is taking to remove the threat of violence from her property.

 

We are now at a loss of what to do next, she cannot give the property back to the council, this would make her intentionally homeless and they would be unable to help her any further, but in reality she is homeless with a 9 year old child in tow. She has great family and friends helping out, but the point is if the Council are unable to help and the Legal system is unable to help, who will help?? Any ideas folks would be appreciated.

[stu007]

Hi

 

I do find the councils actions strange as you are the only one named on the tenancy agreement therefore the property is in your sole name.

 

When they moved into the property did you ask the council for permission at the time?

[bladerunner22]

Hi

 

I do find the councils actions strange as you are the only one named on the tenancy agreement therefore the property is in your sole name.

 

When they moved into the property did you ask the council for permission at the time?

No permission was asked for, they moved into the house as a family, the reason the Tenancy Agreement is soley in my daughters name is because she was the only one to be on the waiting list for a Council Property. They knew her partner and son was moving in with her. They have said he has no rights to be occupying the property without her being there as he is not named on the aggreement, but as she gave him a key and he has lived there for 7 years, also classed as a vunerable person ( he is in the Support Group of Esa) there hands are tied and are unable to remove him. He has asked for the Tenancy to be changed into his name, that way the Council would be able to help my Daughter with another property, they have refused to do this, saying he has no rights to be there, but they cant remove him,catch 22 situation....I suppose he"s a squatter, my Daughter is still responsible for the rent and council tax although she is not living there, hence Council aggreeing to pay these in her temporary absence.

Edited December 5, 2012 by bladerunner22

[id6052]

does your daughter want to return to the property?

 

if so, why can't she just return to property whilst he is out and change the locks?

 

if he tries to return, don't let him back in and phone the police if he causes problems...

[bladerunner22]

id6052, That suggestion is easier said than done, he is housebound, never leaves the property due to his mental illness, that is why he is classed as a vunerable person by the Council, we already thought of that..... so that is out the question

[bladerunner22]

As there is no forthcoming advice, I take it I have stumped everyone with this scenario, looks like my Daughter is homeless then ??