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Nasty Seperation

Family Law, Children, Adoption

Re: Nasty Seperation

Postby Boo » Thu Aug 11, 2016 11:59 am

BaryChuckle wrote:I've recently left my wife and family home after meeting somebody new and currently living at her house, despite not living there I have still paid all the bills, rent and given money for food but now I'm being informed she is seeking financial compensation on the grounds of abandonment but how?

Yes I've left or kicked out would be the correct term but as stated I've paid for everything what more can she want from me


She may have already got legal advice - which you need to get.

You should get yourself familiar with the C100 application form and be prepared to go to mediation, it will be expected - unless there's DV involved. You won't have to attend together - but it may go in your favour to attend. https://www.gov.uk/looking-after-childr ... ourt-order

Also take a look at the new child maintenance options - http://www.cmoptions.org/ - I believe they take a slice of payments you'd make towards the children. It may be best to come to an agreement with your wife.
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Re: Nasty Seperation

Postby diy » Thu Aug 11, 2016 12:39 pm

I'm not sure of the wisdom of exposing this to a landlord. If it's a joint tenancy and the OP is the earner, the landlord may feel future security/rent is at risk and serve notice to quit.
My suggestions are not legal advice
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Re: Nasty Seperation

Postby atticus » Thu Aug 11, 2016 12:44 pm

There are young children involved. Putting their accomodation at risk will backfire on Bary big time. Bary should read Boo's post and get good legal advice.
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Re: Nasty Seperation

Postby Boo » Thu Aug 11, 2016 12:46 pm

diy wrote:I'm not sure of the wisdom of exposing this to a landlord. If it's a joint tenancy and the OP is the earner, the landlord may feel future security/rent is at risk and serve notice to quit.


If the landlord does she will be deemed a priority by the LA.
If he's not living there, why should he continue to be a joint tenant?
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Re: Nasty Seperation

Postby Boo » Thu Aug 11, 2016 12:51 pm

Just to add to the priority group bit - the LA will inform her not to move from the property until the landlord has sort possession. If she does - she'll be making herself intentionally homeless. There are strict rules here.

Bary, is this a private or LA let?

There's no stopping the changes that will need to be made all round.
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Re: Nasty Seperation

Postby BaryChuckle » Thu Aug 11, 2016 12:55 pm

Ive written to landlord and they are not willing for me to leave the tenancy agreement for the very reason you stated that the owner isn't happy to have a tenant who survives on benefits

The new gf was one of her friends so they are already know each other pretty well and surprisingly were still talking on and off and the bonus is my children already have a fantastic relationship with her as the children go to school together although since leaving I've not been allowed to have them to come to the house and only seem them once at the family home

I did offer a maintenance plan where I paid her x amount into her account then put and amount into each of the children's savings account

But I will have a read through think links and get onto the C100 as there is defiantly a case for neglect of the children left in her care
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Re: Nasty Seperation

Postby BaryChuckle » Thu Aug 11, 2016 12:56 pm

Its a private let
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Re: Nasty Seperation

Postby Boo » Thu Aug 11, 2016 1:18 pm

Working or not, she must stay put - and pay rent. The LA - should she get in touch with them - will contact the landlord and advise him/her to keep her in the property until possession is sought.

Yes, the landlord can proceed with an eviction notice but if they do she must stay there. Have I stressed that enough?! Unless, of course she finds alternative accommodation.
Any housing benefit can be paid directly to her.

Neglect? Are children's services involved?
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Re: Nasty Seperation

Postby Boo » Thu Aug 11, 2016 1:24 pm

BaryChuckle wrote:Ive written to landlord and they are not willing for me to leave the tenancy agreement for the very reason you stated that the owner isn't happy to have a tenant who survives on benefits


http://england.shelter.org.uk/get_advic ... _tenancies

Rent liability when you're a joint tenant
Joint tenants are all jointly and individually responsible for paying the rent. This means that if one of you moves out without giving notice or is not paying their share, the other joint tenants are responsible for paying it for them.

If none of you pay your rent, your landlord can ask any one of you to pay the full amount.


Ending a joint tenancy: when one person leaves
The rules on how and when a tenancy can be ended depend on whether the tenancy is fixed-term (for a set period of time) or periodic (rolling from week to week or month to month).

If you want to leave, discuss this with the other joint tenants before you take any action.

A fixed-term tenancy cannot be ended early unless all of the joint tenants agree and either:

your landlord agrees that the tenancy can end early (this is called a 'surrender'), or
there is a 'break clause' in your tenancy agreement, which allows you to give notice and leave early
If you have a periodic tenancy, or the fixed-term has ended and your tenancy has not been renewed, one tenant can end the whole tenancy and does not need the agreement of the other joint tenants. The landlord must be given a valid written notice and there are special rules about how and when this must be done.

Find out more about ending a tenancy.

Leaving a joint tenancy
If you want to leave a joint tenancy, it is usually best to discuss it with the other joint tenants before you take any action.

If the other joint tenant(s) don't want to move out, they can try to negotiate a new agreement with the landlord.

The remaining tenants may be able to find another person to take on the tenancy of the person who wants to leave (the landlord would have to agree to this), or agree with the other joint tenants to stay on and pay the extra rent themselves.

Your landlord may decide to:

give the other tenants a new tenancy agreement, listing the new tenants (in practice, your landlord might not bother to do this)
accept the rent from the new tenant – in which case the new tenant should have the same rights as a tenant whose name is actually on the tenancy agreement
Get advice from Shelter's free housing advice helpline, a Shelter advice centre or Citizens Advice if you're not sure what to do in this situation.
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Re: Nasty Seperation

Postby atticus » Thu Aug 11, 2016 1:32 pm

I don't think it will help if Bary does anything to jeopardise his kids' present housing. Yes, you are right, Boo, but how will this play out for Bary in the process that is to come?
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