How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My friend has a court order preventing her from living in her

Customer Question

My friend has a court order preventing her from living in her council house, for witch she is the sole tenant, her ex partner has been given authority to stay there, My question is as she has a court order preventing her from occupying her tenancy are the council obligated to rehouse her?

She has been told to take her name off, but if she does she will be intentionally homeless, and her ex partner will loose the house also as he is not on the tenancy.

She was lucky enough to have a friend away overseas for 6 months, and has stayed at their flat, but they are returning in may, and she will be homeless again.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I will do my best to assist you.
When was the Occupation Order made and why?
How old is your friend and are there any children involved?
Is a further hearing scheduled?
Claire
Customer: replied 3 years ago.

Hi there are 2 children involved, at present they have shared residency, the order was made a year ago, and was due to my friend being a drug user, she is now clean, and the courts are happy to leave arrangements as they are.

Expert:  Clare replied 3 years ago.
Hi
How old are the children?
Claire
Customer: replied 3 years ago.

girl of 5, boy 20 mths


 


 

Expert:  Clare replied 3 years ago.
Hi
How is the care of the children shared between the parents?
Claire
Customer: replied 3 years ago.

in the week they are in 2/5 days, changing every weekend so both have equal time and alternate weekends, both are claiming benefits, each claiming for one child.

Expert:  Clare replied 3 years ago.
Hi
The way forward is for her ex to apply to the Court under the Family Law Act 1996 for an Order transferring the tenancy into his name
The form is here
http://www.familylaw.co.uk/articles/FPRForm-D50B
This will mean that his tenancy is safe and she will not have made herself intentionally homeless
I hope that this is of assistance
Claire
Customer: replied 3 years ago.

thanks for that.


 


Only problem is cost, as without legal aid neither can afford the fees!


 


I will inform her of this though


 


Thanks


Martyn

Expert:  Clare replied 3 years ago.
Hi
They can apply in person and they may be entitled to a remission of fees if need be
Claire

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice