Forced out by mental, emotional & physical abuse. Now council want her removed.

Hi guys, my sister and her husband lived in a council house until the marriage broke up in 2001.

She was eventually forced out of the home by his constant mental, emotional and physical abuse. (Documented and on record)

She returned to our parents home for a spell but the harrasment continued. She eventually fled to England.

They have two kids both 29 and 25 now. The 29yo still lives in the family home with her child.

The husband has since met someone else and is co habitating with her in her home this last 4/5 years.

However, he will state that he is still living at the family home, which is a bare faced lie, in order to remain as the sole tenant.

The upshot is that my sister has received a letter from the council stating that since she does not reside there anymore (through no fault of her own I hasten to add) she is no longer the legal joint tenant. However, the fact is she was forced to leave and has lived in exile in England all the while thinking that she had been removed from the tenancy by the husband in some under handed way.

On receipt of the letter from the council and with a renewed vigour from the fact that she still remains as one of the legal joint tenants on her home she has since returned to the house to live. It has been four days now, and there is nobody in the house except her. There is no evidence that her husband is still residing there. She does not want to return to England as she feels she is back in her home where she rightfully belongs.

What is her best approach when meeting with the council? Any advice would be hugely appreciated.

But she isn't the legal tenant anymore, she hasn't lived there for years. I can't see what there is to fight?

Neither is the person trying to have her removed from the tenancy. He also has not lived there for years. She never wanted to leave the home she worked so hard for. The difference is she had to remove herself from her home for her safety. He voluntarily removed himself to move in with his girlfriend. Surely any decision by the authorities will take circumstances of marital abuse in to consideration. No?

I would assume that neither of them are the legal tenant and they should have to hand the house back to the council.

This is where I think it will end also. Its a no win situration. Many thanks for your observations.

Hi Mogli,

Ive expanded your title. Let me know if its ok.

And Ive notice that you have updated your original post with a lot of extra information.

aj

Thanks aj. The new title really sums it all up. We all know that law exists but what about justice?