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marcusmalin
marcusmalin,
Category: Law
Satisfied Customers: 2032
66642005
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I have currently split up with my partner....we live in the

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I have currently split up with my partner....we live in the same house but my name is.nt on the tenancy...could you tell me what my legal rights are in the property.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No...we have just split up,but he wants me to move out.i just want to know what my rights are for staying in the property.
JA: Where is the house located?
Customer: Gateshead.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No.

Hello, my name is Marcus.

I presume the property is rented - when you refer to the tenancy.

Thank you.

Customer: replied 18 days ago.
Yes.

Do you have children?

 

Customer: replied 18 days ago.
No.

Sadly as you are not on the tenancy you have no right to remain.

However if you refuse to go the landlord would have to take eviction proceedings against you.

If you would like to remain you could either negotiate with the landlord to allow a new tenancy be made in your name or apply to the court under the Married Women's Property Act for the tenancy to be transferred into your sole name.

The court will balance up who they believe should remain in the property having regard for your respective personal circumstances.

What would you like to achieve?

Thank you

Customer: replied 18 days ago.
Does it make any difference if my name is on the council tax.also due to covid 19 I.v been laid off work for 3 months...so what landlord in their right mind would give me a property,with no way of paying any rent or bills.
Thanks.

Sadly having your name on the council tax would not make any difference.

The law for those who are unmarried is unhelpful - as you now know.

As I say the landlord at request of former partner would need to give you one month's notice to leave and then issue possession proceedings to force you out if you do not leave voluntarily.

I would hope that your former partner will be understanding and give you time.

Thank you.

 

Customer: replied 18 days ago.
Ok thanks for your advice.

You are most welcome.

I am sorry it could not have been more positive.

 

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