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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34483
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner went to court last week to get her ex unmarried

Customer Question

My partner went to court last week to get her ex unmarried partner removed from joint council tenancy. She has been trying for over 4 years.
We filled in fl401 as advised by the court. The judge wasn't happy as said wrong form was used. Her ex said he had already removed his name but on checking yesterday he hasn't. The jude has given 20 days for proof of removal and if he hasn't removed name as stated he said he will do it.
Today my partner received email saying her ex was seeking legal advice to buy the property from the council. My partner lives in the house with her 4 children from that relationship.
Any advice , she is in bits with worry.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
It was indeed the wrong form - this is the one you needed
http://www.familylaw.co.uk/system/uploads/attachments/0002/0847/D50B.pdf
Having said that there appears to be no problem as the Judge has said he will do it anyway.
You do not need to worry about his exercising the Right to Buy - he cannot do this without her agreement - and his name will be removed in three weeks or so in any event
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you . He has been bullying her and I told her he can't do it .


Peace of mind . Once again thanks .

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Clare
Customer: replied 3 years ago.

sorry again. can my partner claim in small claims court for half the rent for the time her ex has been vacant from the property but refused to take name off tenancy.

Expert:  Clare replied 3 years ago.
Hi
No she cannot do that - unless of course he has been living at the property and she has not
Clare
Customer: replied 3 years ago.

ok thank you, could we claim for solictors letters asking him to remove his name from tenancy ,which there has been 4 at £75 each and court papers another £75 up to now and indeed cost of your valuable advice in small claims court .


Last one I promise .


 

Expert:  Clare replied 3 years ago.
Hi
No I am afraid that the only basis on which costs could be claimed would be if the Judge makes a costs order in three weeks time
Clare