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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33079
Experience:  Over 25 years experience in law
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My wife and i seperated she left family home but the tenancy

Customer Question

my wife and i seperated she left family home but the tenancy is in her name the tenancy is
assured short hold tenancy the house is specially adapted for my disabled daughter the house belongs to a housing association we've lived in property for 6 years.
k c a which is the landlord as informed me that that they wont put me on the tenancy agreement and my wife should move back if she wont move back in, my disabled daughter my son and i would after find alternative housing.
many thanks andrew
Submitted: 2 years ago.
Category: Law
Expert:  Thomas Judge replied 2 years ago.
what is the question?
Customer: replied 2 years ago.
were my answer
Expert:  Thomas Judge replied 2 years ago.
I may not have all of everything you typed - what is the question?
Customer: replied 2 years ago.
my wife and i seperated she left family home but the tenancy is in her name the tenancy is assured short hold tenancy the house is specially adapted for my disabled daughter the house belongs to a housing association we've lived in property for 6 years. k c a which is the landlord as informed me that that they wont put me on the tenancy agreement and my wife should move back if she wont move back in, my disabled daughter my son and i would after find alternative housing. many thanks andrew
Expert:  Thomas Judge replied 2 years ago.
How old is your daughter? Has there been any confrontation between you and your wife ?
Customer: replied 2 years ago.
no confrontation with my wife, my daughter is 23
Expert:  Thomas Judge replied 2 years ago.
Despite the fact that the property is in her name as you are married you can apply for the tenancy to be transferred into your name. You can also apply to the court for something called an occupation order. The CAB would be able to help you with this application. An occupation order could do one or more of the following things:enforce a right to stay in the family homeenforce a right to return to the family home, for example, if you've been locked out when you shouldn't have beenexclude someone from the family home even though they have a legal right to be there, for example, excluding a spouse because of their violence and abuseset out who has to pay the rent or mortgage and repair and maintain the family homegive a right to stay in the family home for a specified period and prevent your partner from evicting you during that time. For example, if you don't have an automatic right to stay after your relationship breaks downset out which parts of a home can be used by whom, for example, where you both have to live in different parts of the same homeprovide that home rights are not brought to an end by the death of a spouse or civil partner or by ending the marriage or civil partnership.When applying for an occupation order you have to complete a court form and provide a witness statement setting out why you're asking for the order. Usually, the papers will be sent to the person you want the order made against to give them a chance to reply and prepare their own witness statement. The court then lists a date and time for a hearing to decide what should happen.I hope that this helps. Please rate positively - thanks
Customer: replied 2 years ago.
my wife as made it clear she will not move back home would occupation order be against the landlord?
Customer: replied 2 years ago.
can i use the disability act or human right act as my daughter as complex needs shes wheelchair bound as she as cerebral palsy,and other problems
Expert:  Thomas Judge replied 2 years ago.
The occupation order is against your wife rather than the landlord but may protect your wife from her surrendering the tenancy and assist in transferring it to you
Customer: replied 2 years ago.
my wife and i get on very well the problem is with the housing association what can i do to change their dicition so me and my kids can live in the family home,
each rent rise we should of signed a new aggrement. is this right
Expert:  Thomas Judge replied 2 years ago.
I see then you can apply to the court to transfer the tenancy under the Family Law Act. This will allow the court to order the transfer. No other legal documents are needed. The tenancy is said to 'vest' in the new tenant on the date stated in the court order. I would advise the HA that you propose if necessary making such an application and invite them to transfer the tenancy to save you making such an application.
Customer: replied 2 years ago.
with the tenancy been assured short hold tenancy would this be a problem. could i use the disability act?
Expert:  Thomas Judge replied 2 years ago.
This is technically a fresh question - happy to help but please rate positively the first question - thanks
Thomas Judge and other Law Specialists are ready to help you
Expert:  Thomas Judge replied 2 years ago.
Are you sure that the tenancy is an ast?
Customer: replied 2 years ago.
yes i have the tenancy which was signed by my wife in 2009 would this be a problem