Tenants divorcing/separating

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    #16
    Agree with the above, this will get messy and you will be in the middle of it, see how it goes on the next payment date but i fear the worse.

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      #17
      Just hope she doesn't need to claim benefits as having him on the lease could slow her claim down somewhat.

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        #18
        Check the obligations with the tenants deposit - who gets this back ? if they are divorcing the fella has obligations if he is working and should be paying child maintenance . check also your insurance if she is not working and will be on benefis - this will be a tough time as it will take time for them to sort out you may end up with no rental income until its sorted -
        Not all doom and gloom - I was a single mum with small children and had more money then than what i have now im working part-time , she will get all council tax paid for and some toward rent

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          #19
          Originally posted by Shaunagus View Post
          So just to check its ok for me to know he doesn’t live there but be on the tenancy? Seems strange to me.
          A tenancy is the right to use the property; it does not require that the tenant lives there.

          What s required is for a tenancy to be an assured tenancy, then one of the named individuals must occupy the property s their principal or only home.

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            #20
            Originally posted by Stef Cooke View Post
            Be prepared for their separation to become acrimonious. Then he will HAVE to come off the tenancy to allow her to deny him entry.
            Do you have a legal reference for this?
            It is not how it works for owned properties afaik.

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              #21
              Originally posted by MdeB View Post
              Do you have a legal reference for this?
              It is not how it works for owned properties afaik.
              A tenancy is a right to occupy and exclude others.
              A joint tenant cannot exclude another joint tenant (because they both have the same rights) without some other legal instrument (a restraining order, for example).

              I don't see why that would be different for jointly owned properties, but that's not something I'm 100% about.
              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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                #22
                From family experience it takes a specific court order to force an aggressive. / abusive partner to leave a property and allow another to deny access, whether owner occupied or tenancy.

                From reading the experiences of many women on other forums it seems it can be quite difficult to do. But I don't have any specific reference for it.

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                  #23
                  You're right, I was thinking from a legal perspective.
                  Having the right to exclude someone from a property isn't the same as being able to actually keep someone out.

                  It would be difficult to involve the police in any meaningful way because, absent a court order, trying to enter someone else's property isn't a black and white arrestable offence.
                  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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                    #24
                    Just to say that she did pay the rent - less than 24 hours after it was due without my prompting so that’s positive.

                    She does work (part-time) and he will be paying maintenance, she is also setting herself up for benefits etc. At the moment, the split is on good terms apparently and she hopes to be in a position to pass a credit check on her own steam eventually at which point he will come off the tenancy and she will take out the new tenancy in her own name.

                    As long as it’s legal for him to be on the tenancy and not live there that’s cool.

                    I’ve no idea how it will impact him being on this tenancy as far as his own credit rating etc goes I guess we will find out if that’s an issue moving forward. But for now, they are keeping me informed, playing ball with each other and paying the rent so fingers crossed that continues trouble-free, and if he does want to come off at that point we will see if she’s in a position to pass a credit check herself for a new tenancy or if she needs a guarantor.

                    Thanks for the advice. Much appreciated. Will let you know if anything changes.

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                      #25
                      Originally posted by Stef Cooke View Post
                      Be prepared for their separation to become acrimonious. Then he will HAVE to come off the tenancy to allow her to deny him entry.
                      I (possibly mis)read this to mean "there is no choice but to remove him from the tenancy", not "it is in the wife's interests to remove him".

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                        #26
                        I can se that was quite ambiguous. i'll try and be more concise, promise!

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