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Joy Nicholas
Joy Nicholas, Lawyer
Category: Family Law
Satisfied Customers: 1527
Experience:  Lawyer
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Have have a council property with my partner but I'm down as

Customer Question

Have have a council property with my partner but I'm down as just living there with his two children full time and he has kicked us put do I have any rights to stay in that house and make him leave
JA: What state are you in? It matters because laws vary by location.
Customer: England
JA: Has anything been filed or reported?
Customer: No he's just kicked me put last night
JA: Anything else you want the Expert to know before I connect you?
Customer: No that is it
Submitted: 11 days ago.
Category: Family Law
Expert:  Joy Nicholas replied 11 days ago.

Hi, thank you for your message. Can I confirm is your name on the contract?

Customer: replied 11 days ago.
I'm not as a main tenant but my name is ***** ***** contract as living there
Expert:  Joy Nicholas replied 9 days ago.

Hi, thank you for your message. You will need to contact the council to explain your situation as he is the main tenant. If you are on the contract it appears that you also are listed as a tenant but not the main tenant thus you should have the same rights as him to stay in the property. You should contact the council to confirm that you are joint tenants and if so he has no right to remove you from the property. If there is a break down of relationship, unless for domestic abuse, harassment, you cannot force him to leave the property.

if you feel threatened by your partner you can look to obtain an occupation order and also separately a non-molestation order. The occupation order will allow you to live in your home and this combined with the non-molestation order will prevent your partner residing there. You can apply for an occupation order if:

  • you own or rent the home and it is, was, or was intended to be shared with a husband or wife, civil partner, cohabitant, family member, person you’re engaged to or parent of your child
  • you do not own or rent the home but you’re married or in a civil partnership with the owner and you’re living in the home (known as ‘matrimonial home rights’)
  • your former husband, wife or civil partner is the owner or tenant, and the home is, was, or was intended to be your shared matrimonial home
  • the person you cohabit or cohabited with is the owner or tenant, and the home is, was, or was intended to be your shared home

An occupation order is a type of injunction which deals with who lives at the family home. An occupation order can order your partner to move out of the home or to stay away from the home

In order to apply for the occupation order you will need to fill out the form: https://www.gov.uk/government/publications/form-fl401-application-for-a-non-molestation-order-occupation-order

The form asks you for your:

name and contact details
ex-partner’s name and contact details, if you have them
mortgage details, if you have one
reasons for applying
You’ll also need to write out a ‘witness statement’ and attach it to the form. This is an opportunity to explain why you need an occupation order - for example because you can’t afford to move anywhere else right now. Write ‘I believe that the facts stated in this witness statement are true’ at the bottom of the page, and then sign and date the statement.

Send 3 copies of your application to your nearest court. They’ll arrange for a copy to be sent to your ex-partner and will ask them to write their own witness statement, and one copy will be sent back to you to keep. The court will get in touch with a date for the court hearing. If you’re worried about being in court with your ex-partner, you can ask to have the hearing in separate rooms. To find your nearest court you can use this function: https://courttribunalfinder.service.gov.uk/search/postcode?aol=Housing%20possession

A non-molestation order is a kind of injunction which can protect you and any relevant child from violence or harassment. You can obtain a non-molestation order against someone who has been physically violent or against someone who is harassing, intimidating or pestering you as in this case. When deciding whether to grant a non-molestation order the court will consider all of your circumstances, including the need to secure the health, safety and well-being of you and any children. You therefore need to show the court how your health, safety or well-being or that of your children would be at risk if you are not granted the order.

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