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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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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: 4 years ago.
Category: Law
Expert:  Clare replied 4 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 4 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 4 years ago.
Hi
How old are the children?
Claire
Customer: replied 4 years ago.

girl of 5, boy 20 mths


 


 

Expert:  Clare replied 4 years ago.
Hi
How is the care of the children shared between the parents?
Claire
Customer: replied 4 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 4 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 4 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 4 years ago.
Hi
They can apply in person and they may be entitled to a remission of fees if need be
Claire