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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a question. I live in rented accommodation with a now

Customer Question

Hi, I have a question. I live in rented accommodation with a now ex partner who uis being very threatening towards me and the landlord just says its something we need to sort out ourselves about handing over sole tenancy to each other. Is there nothing more that can be done in this situation please?
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

Hello my name is ***** ***** I will help you.

You want him to stop threatening you? Is that right? Do you want the Landlord to sort that out?

Expert:  Clare replied 1 month ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

I am afraid that it is not the responsibility of the Landlord to deal with this problem

You have three options

1. Reach an agreement with your ex as to which of you will remain

You will then both have to approach the landlord to ask for that person to be released from the Tenancy

2. Apply to the Court for an Occupation Order excluding your ex from the property as a result of Domestic violence

3. Apply to the court for a Transfer of the tenancy.

Please ask if you need further details

Customer: replied 1 month ago.
Please could you give me more information about option 3? Option 1 is proving difficult and I am aware about option 2 - I'm just I little wary of the proceedure though realise this may be the only one that is suitable. Thanks.
Expert:  Clare replied 1 month ago.

You will first have to attempt to resolve the matter using Family mediation

www,familymediationcouncil.org.uk

If that fails then you can apply to the court using the form here

http://www.jordanpublishing.co.uk/system/uploads/attachments/0008/5521/D50B.pdf

essentially the ocurt will then decide which of you should remain in the property and which of you should move out

Customer: replied 1 month ago.
Thank you. I have already tried mediation and been told this is unsuitable and I am not married so it seems no 2 is my only alternative?
Expert:  Clare replied 1 month ago.

You will need to attend a MIAM - but the Transfer of tenancy form applies to Cohabitees as well as spouses

Customer: replied 1 month ago.
Thanks very much for your prompt answer - I have already attended a mediation service personally and been told it's not suitable for myself and my ex partner and that she would provide me with a C100. With this in mind would you recommend I go ahead with the form? Many thanks.
Expert:  Clare replied 1 month ago.

Wait - are there chidlren involved?

Customer: replied 1 month ago.
No, no children, we have just been co-habiting since Jan 2015
Expert:  Clare replied 1 month ago.

So why would you need a C100 ( it relates to chidlren matters)

Customer: replied 1 month ago.
I am not sure - the way I understood it was the form confirmed that I have attended mediation but my ex partner hasn't. I know she was aware I don't have children. Is there anything else I can / should be doing here please?
Expert:  Clare replied 1 month ago.

When did you go to mediation?

Customer: replied 1 month ago.
Just under 2 weeks ago, been trying to work my options since
Expert:  Clare replied 1 month ago.

In that case you can indeed go ahead with the application

Customer: replied 1 month ago.
Ok thank you
Expert:  Clare replied 1 month ago.

You are most welcome

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