Richard* contacted us as he was struggling to find anyone to help him and his young family. His ex-wife had left the home many years ago, and they had divorced, but she had remained the sole tenant of what was the former matrimonial home under secure tenancy with a housing association.
Since he was now solely responsible for the property, he asked the housing association to put the tenancy in his sole name as there was always the risk she could end the tenancy, but they had refused saying he had to get a court order. Despite being on a low income, he couldn’t get Legal Aid as it isn’t available for this type of case, so he had got completely stuck as to what to do next.
Richard got in touch with our Family Legal Service. We advised him that he could apply under the Family Law Act 1996 for an order to transfer the tenancy into his sole name. We advised Richard on the forms and paperwork he would need to fill in and the procedure. We also signposted him to other organisations who could help him to fill in the forms if he needed assistance.
Richard received notice of a hearing date. A few days before the hearing, the housing association changed its stance and agreed to transfer the tenancy given that a court hearing was imminent. He was pleased that the matter was resolved without having to go to court, and was very happy with the final outcome, his home now being in his sole name.
(*names and certain details have been changed)