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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Situation: Have joint council tenancy in Leeds however

Customer Question

Hi
Situation:
Have joint council tenancy in Leeds however my partner has moved out and living elsewhere, as of 7th Dec, with unknown female. Unable to contact ex partner and his name is ***** ***** tenancy. He has been using cocaine and very aggressive but not violent.
I am seeking help regarding continuing tenancy as sole occupant of property. I have bipolar and see locally based psychologist and doctors.
All bills and paperwork in my name. Ex partner not paid share of bills since November 2015.
Have advised Leeds City council of situation.
Please can you advise what is the best way of dealing with the situation.
Many thanks
Rachel
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Have you asked the Council to transfer it into your sole name? Just to be clear how do you know he is aggressive and using cocaine if he has moved out?
Customer: replied 1 year ago.
Hi yes I have informed the local council of the situation but understand ex has to agree to take his name off the tenancy.
He was very agressive before leaving and whilst taking his things. He told me then of cocaine issue. I had suspicions of this anyway. His mum advised me he has borrowed money from her and he has stolen £250 from my account on false pretences to buy cocaine.
Rachel
Customer: replied 1 year ago.
Further info. I had sole tenancy of flat where I used to live. He then moved in and we moved to current house property together 2 years ago. Have 'spare'room for his 2 children and I spent 2 years requesting opportunity to move to house rather than flat due to the childrens circumstances. Id had 9 years or so length of tenancy so I bid on this house and was successful.
Ex partner has not invested in any furniture and ive bought all other items - my previous flat furniture I brought with me.
Expert:  Ash replied 1 year ago.
If he has moved out then the Council could say he has ended his tenancy. This is because it would be a condition of the tenancy to live there. If he is not living there then he is in breach of the tenancy.
That means they could then transfer it to you. But the first step is to get housing to transfer it over to you - he isnt living there which will be a breach of the tenancy.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you Alex,
Can the council still do the transfer if he is not in agreement?
Rachel
Expert:  Ash replied 1 year ago.
Yes they can. He is in breach of the agreement - he is not living there!
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Alex
Yes that a great help and relief as the council can be evasive.
Really appreciate your help.
Best wishes
Rachel
:-)
Expert:  Clare replied 1 year ago.
HiMy name is ***** ***** I have been a family lawyer for more than 30 years.If the Council do not agree that he is breach of the Tenancy agreement (and I suspect that they will not) then you can apply to the court for an Order for the Transfer of the tenancy into your sole nameThe form you need is herehttp://www.jordanpublishing.co.uk/system/uploads/attachments/0008/5521/D50B.pdfPlease ask if you need further detailsClare
Customer: replied 1 year ago.
Hi
Thank you Clare.
I will follow this up if necessary and appreciate your input and advice.
Best to be prepared!Thank you
Best wishes
Rachel
Expert:  Clare replied 1 year ago.
I hope all goes well

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