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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 27274
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I'm looking to move from a joint tenancy for domestic abuse,

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I'm looking to move from a joint tenancy for domestic abuse
JA: Where are you? It matters because laws vary by location.
Customer: Hampshire
JA: What steps have you taken so far?
Customer: Discussed with agency and sent a formal email regarding me leaving the tenancy early
JA: Anything else you want the Lawyer to know before I connect you?
Customer: What is going to happen is I leave the house legal early and end the bills contracts on my name?

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years experience.

 

  1. I am very sorry to read of the above. May I confirm if the fixed period of the tenancy has expired? If not roughly when does it expire?
  2. Is your partner willing to take on the tenancy by themselves or are they being uncooperative generally and/or will not?
  3. Do you have evidence of the abuse - i.e. been to see your GP or police to record the incident(s)?
Customer: replied 8 days ago.
Date of expiry 03.07.20
My house mate is uncooperative
I have 3 police reports of the incidents. Last 2 of them from last week

Thank you. May I ask if you are or have been in a relationship with your housemate or are/were you simply housemates with no intimate relationship?

Customer: replied 8 days ago.
No intimate relationship. Is just my cousin

thank you. Obviously this situation places you in both difficult and particularly in the current circumstances vulnerable position. Despite the domestic violence, you have a legal contract with your landlord and domestic violence is not the basis upon which you can repudiate (terminate) the contract with the landlord. however, this does not mean that you cannot negotiate with the landlord and ask that he removes you from the tenancy agreement. However, this is likely to be complicated in that this would require your cousins consent unless the landlord was willing to forego part of the rent which is almost certain not to be the case.

 

You could look to replace yourself as the tenant whereby another party replaces you on the tenancy agreement and takes over your obligations to pay rent. the landlord or agency may agree to readvertise your room there are the current circumstances may not be straightforward to find a replacement tenant. If one is found, providing the tenant is suitable your cousin cannot unreasonably refuse to accept them or he may find that he is liable for the entire rent. you are able to give notice to end your part of the tenancy as from the date the fixed period expires and providing you have given notice in writing in this respect prior to the end of the tenancy fixed period, your liability for rent would end on the last day of the fixed term but obviously this leaves some number of months left with regards to rent to consider.

 

If in addition to domestic violence you have been affected by the corona virus pandemic and for example, lost some of your income, government have announced that you will have a right to ask for a rent payment holiday of up to 3 months. This may not be relevant but I mention it in case it is

 

An alternative approach would be to consider something called an occupation order which is an order that you are given sole occupation of the property and your cousin is excluded. This can be obtained if you can demonstrate that you have a relationship beyond just flat mates which can include a relative (hence my above questions) and you have been a victum of domestic violence. You would need evidence of any domestic violence you have suffered which is why your reports to the police would be valuable.

 

if he is excluded from the property, he would remain liable for rent despite his exclusion but he it could be granted so occupancy rights by the court.

 

If you decide this is an approach you might consider, you would need to complete the following form and submit it to your local family court:

https://www.gov.uk/government/publications/form-fl401-application-for-a-non-molestation-order-occupation-order

 

In practice I would recommend that you contact either Refuge or Womens Aid which are both charities that support people such as yourself would have been the victim of domestic violence. They may be able to assist with some short-term accommodation if this is something you need but equally importantly, they can provide legal assistance with regards to applications such as the above occupation order which can be invaluable.

https://www.refuge.org.uk/get-help-now/

https://www.womensaid.org.uk/about-us/contact/

 

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to rate my service by selecting the 5 stars at the top of the screen before you leave JA today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua and other Law Specialists are ready to help you
Customer: replied 8 days ago.
I got it.thank you very much bud