Occupation Order

[MummyMorgan]

My daughter is fighting to get her flat (council rented joint tenancy) back from her ex-partner (not married). They have a 4 month old son together which my daughter has care of.

There have been several domestic incidents between them right from the start but recently it was brought to a head when she had to call the police. There is also a non-molestation order in place.

The police advised her to go to a place of safety because the ex refused to leave and has done so ever since as he says if he does he will be homeless. She has since been 'sofa surfing' between my house (2 bedrooms both occupied) and my fathers house (5 bedrooms but currently being renovated so she sleeps in the lounge).

Thanks to a wonderful domestic abuse charity my daughter has had court representation but the ex does not. My daughters representative has informed her that it is very unlikely she will get her flat back due to a couple of factors. 1) She has been staying in a house with 5 bedrooms albeit none of them usable 2) He says if they give her the flat back he will be homeless and 3) He has moved his new girlfriend of 3 weeks into the flat and she has a child.

Has anybody got any experience in this field or have any advice would be very much appreciated

[Amethyst]

Re: Occupation Order

I agree with the charity I'm afraid. A fresh start is a good idea. Your daughter has got out and got herself and her child to a place of safety. Returning to the flat under an occupation and non-molestation order - would that be ideal? Would the ex just disappear quietly or continue fighting against your daughter ?

Some councils do have a policy regarding breakdown of relationships and joint tenancy agreements - particularly in domestic violence breakups - has she discussed the situation with the council at all ?

Do you have any info about the new girlfriend - eg. does she have her own property she could move the ex in to that could work in your daughters favour when he plays the homeless card?

[MummyMorgan]

Re: Occupation Order

She doesn't want anything to do with him she just wants her home back. Unfortunately he is claiming the gf will also be homeless (untrue but difficult to prove). The council have just said she can't take her name off the lease and needs to go for the occupation order. They class her as homeless as she is no fixed abode but can do nothing until a judge decides.

If she gets the flat back he will have 24hrs to vacate but I'm guessing she has no chance