Permitted Occupier

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    Permitted Occupier

    Thankyou for reading my post I hope someone is able to assist. I live in a council flat, I moved here 5 months ago. When I applied for the flat my husband and I were estranged and I applied for it in my own right only - by the time I took possession of the flat we had reconciled, the council would not allow him to be a joint tenant due to the fact that we had only just reconciled and they made him a permitted occupier. Sadly despite my best efforts our reconciliation is not working and I am desperately unhappy. I would like us to go our separate ways and start afresh. I think however he will not be willing to move out amicably. What are my rights here? His rights? Can he refuse to leave? It is I alone who have paid all the rent and bills for the home.

    Have you been in touch with the council? It sounds like they made his status 'permitted occupier' in case of this very situation.


      thank you for your reply, yes I have I was told to take independent legal advice. I tried calling Shelter but their lines were engaged all day, I shall try again tomorrow, I posted here on the off chance that someone could give me advice as there appears to be a lot of good knowledge on these boards.


        Aha. You do have to love councils, they're so helpful aren't they...
        Pretty sure you'll get some very good advice here, the contributors have helped me immensely.


          Sounds as if he is your lodger. Presuming that is the case you can give him reasonable notice (like a month) and then lock him out.


            As Andrew says. Then change locks. Police if he does anything silly.

            Better luck with next partner!
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


              It's nothing to do with the council or shelter.
              He's living there because you allowed him to.
              Now you've changed your mind, he has to leave - it's your home.

              I appreciate that the reality is more complicated than that, but that's the legal position.
              Sounds like the council were right!
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


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