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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 2862
Experience:  Freelance Solicitor at Self Employed
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I have had to leave council property due to domestic abuse.

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I have had to leave council property due to domestic abuse. I was told if I left would need to relinquish my half of the tenancy. I am currently homeless and am getting no help at all . Can I retract the relinquishment and get him removed from property and get moved to a different location
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Have applied for injunction
JA: Where is the property located?
Customer: Sheffield
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I was advised by domestic abuse line to get away from him and that I would receive help to which I have not. The tenancy was mine to start with he was added when we got married

Welcome to JA. I’m Vineet, a UK qualified & practicing Solicitor and I will be dealing with your case today.

Customer: replied 1 year ago.
Thank you

You could have opted for the Occupation order and change of tenancy regarding the council house for taking over the tenancy in your sole name and refraining your husband from entering the house.

Have you already relinquished your half of the tenancy?

Customer: replied 1 year ago.
Had to give 4 weeks notice it has only been 2 weeks

Get in touch with the council and explain to them the situation that you would be homeless, if alternative arrangement /housing can be secured for you.

If not, then you can take back this relinquishment notice, and rather apply for Occupation order with a change of tenancy to get the tenancy to your name.

Customer: replied 1 year ago.
Would it have to be in Sheffield or can it be in a different area

An occupation order is a court order which specifies who is and who is not able to live in the family home and/or who can enter the surrounding area. An occupation order can also be used to gain the right to return to the family home

It would have to be with the same council

Customer: replied 1 year ago.
How do I apply

You will need to show some sort of connection to the property that you want to be included in the occupation order.

Note that you do not necessarily have to own the house. If you are renting, you can apply for an occupation order in regard to that house

Customer: replied 1 year ago.
It is a joint tenancy

You can apply online by using the below link or by filling. form FL401. Please follow the below web link-

https://www.gov.uk/injunction-domestic-violence

With that you can ask for taking over the tenancy.

For further information regarding the occupation order, please click following-

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

You can apply for tenancy transfer order with the Occupation order

Customer: replied 1 year ago.
I am currently in kent as had nowhere else to go would they be able to transfer tenancy down to here

No, they can change the tenancy of that council house for which you share the tenancy with your husband,

You can apply for it online using the above link or you can apply for everything( tenancy transfer and Occupation order) in one form, the FL401.

If you need further assistance, please let me know.

&

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Customer: replied 1 year ago.
how would I get it for down in kent

You would need to get in touch with the Sheffield council first and take back the notice and they may help you if they can change it over to Kent council house.

Vineet S and other Law Specialists are ready to help you