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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1753
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I was renting a property with my husband which has been for

Customer Question

I was renting a property with my husband which has been for 9years,we was not getting on for various reasons+he threw me+our 4children out so i went to stay with my dad+the rent didnt get paid he now has actualy bought a house+i me+the childen have gone back to the rented property to be evicted threw not paying the rent,what should i do,were do i stand??
Submitted: 3 months ago.
Category: Law
Expert:  Harris replied 3 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-How old are you both?
-How long have you been married?

-Have you divorced?
-How old are the children?
-What kind of tenancy is it?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 3 months ago.
England
34/35
15 12 10+4
Shorthold
None
Husband is in fulltime employment im receiving benefits
Customer: replied 3 months ago.
Did u get that info
Expert:  Harris replied 3 months ago.

Thank you. As you have an assured shorthold tenancy, the landlord can evict you at any time, but must follow the correct legal process. They must first service you with notice, which must give at least 2 clear months for you to leave. After this has expired, there is no legal obligation to leave and the landlord must issue a court application for possession - even when a possession order is granted, you will be entitled to remain in the property and the landlord will need to apply for an eviction notice - this whole process will take at least 4-6 months. Once you have the eviction notice you can approach your local council housing office and submit a homelessness application, and they will assess the reasons for your eviction and homelessness. If it is found that you were not intentionally homeless then they will likely agree they have a duty to assist you in housing.

In relation to your husband, arising out of the marriage you are entitled to seek spousal maintenance and financial relief which will take into account all of your assets and finances to find a fair settlement. As you appear to have the care of the four children, your needs will be higher than his and any financial settlement will likely be more in your favour.

You would also be entitled to seek child maintenance from him which is calculated based on his gross income and how often the children stay with him overnight.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 3 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Customer: replied 3 months ago.
Does this still stand even though the rent hasnt been payed for 3/4 months?
Expert:  Harris replied 3 months ago.

Yes it does, but if the landlord wishes to seek possession on the basis of rent arrears the process will take slightly longer to evict you amd you would be liable to a possible money judgment/CCJ against you and the local authority will likely deem you to be intentionally homeless if eviction is on the basis of rent arrears and therefore decide not to assist you if you seek help from them to be rehoused.

I hope this assists you further. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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