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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband and I are going through a separation, followed by

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Hi, my husband and I are going through a separation, followed by divorce.
We have been renting the house we live in for the past 4 years, with my husband being listed as the main tenant, and myself as a permitted occupier. We also have two small children together, aged 5 and 9.5.
My husband initially agreed to move out of the property and at that point I have liaised with the Landlord directly via email to take over rent payments. I have paid September's rent myself. However after a 3-day absence (and when rent payment left my bank account) my husband returned, claiming that he is willing to exercise Home Rights to the property and stay there, which I believe he is entitled to. I am currently looking for an alternative property, however in the meantime, my husband demands that my mother, who is visiting me and the children from Ukraine, leaves the house immediately. My mother is visiting on a 6 month family visitor visa, which is valid until December 2016.
My husband demands that she leaves tonight - can he legally do that?
We live in the UK.

Hi, thank you for your question. As a permitted occupier and not a named tenant, your husband has the legal interest in the tenancy and can make such demands. You have home rights which entitle you to occupy the property at least until divorce so legally he has the final say as to whether she stays with you or not.

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

Customer: replied 1 year ago.
Hi Harris, thank you for your response, but unfortunately, you have misread my question - I have been listed as a permitted occupier, and not him. He was the main tenant when the tenancy agreement was drawn in 2012.

Sorry, I re-read and amended my response - apologies for the confusion - please see above

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