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.

    #2
    Have you been in touch with the council? It sounds like they made his status 'permitted occupier' in case of this very situation.

    Comment


      #3
      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.

      Comment


        #4
        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.

        Comment


          #5
          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.

          Comment


            #6
            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...

            Comment


              #7
              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).

              Comment

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