Joint Council Tenants / Occupation Order

[rds60h]

Short background story to problem first.
Married 24 years, living in Council house (in England), I have health problems (physical and mental health) and can no longer work and receive ESA and DLA.
Wife says she no longer loves me and wants me to move out, as we are Joint Tenants and I feel that I am the "victim" I refuse to move out.
Two children live with us but they are in their 20's.
I have asked my wife to attend Marriage Counselling but she refuses, I have also asked to discuss household arrangements to make things less troublesome and again she refuses to talk.

Apparently my wife has applied to the Courts for an Occupation Order to have me forcefully removed from the property, until now I thought that the Joint Tenancy gave me the right to stay but now I doubt this.
Could anyone advise on my position and also what I should do next as I am having very dark thoughts at the moment.
Thank you in advance.

[nemesis45]

Re: Joint Council Tenants / Occupation Order

Good afternoon rds I have alerted the site team to see if there anyone available to help you asap.

nem

[Kati]

Re: Joint Council Tenants / Occupation Order

:bump: for [MENTION=15129]Crazy council[/MENTION]

to LB [MENTION=44232]rds60h[/MENTION] xx

[Crazy council]

Re: Joint Council Tenants / Occupation Order

Not a clue on this.

If the tenancy goes back more than 22 years its likely to be a protected tenancy anyhow ( prior 1997 ) were short-hold tencys ( if memory serves me ) but i still think they can apply for the order. but that does not meen i think they could get it easy.

http://www.legislation.gov.uk/ukpga/...upation-orders

[Snoopy1948]

Re: Joint Council Tenants / Occupation Order

Have you spoken directly to the council to express your fears here? They should be the first port of call I would have thought for advice.

You have no proof that your wife has applied for this court order but of course you will always have a counter claim/appeal. I suspect it all depends on why your wife wishes to exclude you from the family home apart from saving her own skin of course. Does she consider you a danger in any way or acting with anti social behaviour? Your children are now adults so it may be that you are the only vulnerable party here, having due regard for your mental and physical health problems.

Clearly it will be financially difficult if one party moves out for either of you but that depends on your non dependent children and whether they contribute to the household expenses. Do you currently receive any other help such as Housing Benefit or Council Tax Support?

Bearing in mind your current health problems, perhaps a chat with a CAB advisor may help of arrange legal advice for you on this one

https://www.citizensadvice.org.uk/

[charitynjw]

Re: Joint Council Tenants / Occupation Order

How courts decide whether to grant occupation orders


The courts will make their decision based on a number of factors, including:

• whether you are married or in a civil partnership
• whether you have children
• what the housing needs of you and your family are, and whether you’ve got any alternative places to stay
• you and your partner’s income
• whether the order will have any impact on your health, safety or well-being
• your actions and behaviour
• whether you or your partner are tenants or owners.

http://sheltercymru.org.uk/get-advic...pation-orders/

[rds60h]

Re: Joint Council Tenants / Occupation Order

Snoopy1948, my wife has applied for the court order, it is one of the very few words she has spoken to me in the last couple of weeks.
There is no dangerous, anti social or threatening behaviour from either side, so I think I will follow your advice and take a visit to the local council office.
The thing that really worries me is that as a council tenant leaving would be considered making myself purposely homeless and so the council would have nothing to do with me and I would be on the street, I don't know if that would also be the case if I am forced to leave because of the court order.