Council housing, partner refuses to let ex-partner in

Dawido

Hi all,

So let's say a couple get's a council house, they split and due to domestic violence the woman leaves the house for period of time, then the man changes the locks and the woman cannot return to that house. What could be done so that the woman can return to the house?

Thanks,
Dawido

Eric Cartman

if period of time is say a day or whatever maybe call the gardai, if its a few months or years then just go down the council and apply for accommodation elsewhere.

I suppose the real question is why do you want to go back in to the property, if its to retrieve goods then gardai may help, if its to live there and force the guy out - give up and stop being petty.

matthewmurdock

Eric Cartman wrote: »

if period of time is say a day or whatever maybe call the gardai, if its a few months or years then just go down the council and apply for accommodation elsewhere.

She will not be rehoused if she is a tenant.

If there is no Garda report there is no proof of any dispute. Both are tenants in the eyes of the council.

She goes to the Gardai who will contact the council on her behalf.

if its to live there and force the guy out - give up and stop being petty.

What utter nonsense is this? She has as much right to be in the house as him and if he has committed a criminal offense then she has far more right infact.

Domestic abuse? give up and stop being petty. :rolleyes:

OP contact the Gardai as the council cannot intervene in a dispute between two tenants unless there is proper reason to. If the domestic abuse has not been reported then there is no reason for them to intervene.

Eric Cartman

matthewmurdock wrote: »

She will not be rehoused if she is a tenant.

If there is no Garda report there is no proof of any dispute. Both are tenants in the eyes of the council.

She goes to the Gardai who will contact the council on her behalf.



What utter nonsense is this? She has as much right to be in the house as him and if he has committed a criminal offense then she has far more right infact.

Domestic abuse? give up and stop being petty. :rolleyes:

OP contact the Gardai as the council cannot intervene in a dispute between two tenants unless there is proper reason to. If the domestic abuse has not been reported then there is no reason for them to intervene.

she's the one who left, nowhere in the post does it say who the perpetrator of the domestic violence was . He has continued tenancy of the home and as its a council property, she has no financial interest in it.

lawred2

Edit

Mod note again.

Let’s not go down this route.
Assumptions etc

Gumbo

matthewmurdock wrote: »

She will not be rehoused if she is a tenant.

If there is no Garda report there is no proof of any dispute. Both are tenants in the eyes of the council.

She goes to the Gardai who will contact the council on her behalf.



What utter nonsense is this? She has as much right to be in the house as him and if he has committed a criminal offense then she has far more right infact.

Domestic abuse? give up and stop being petty. :rolleyes:

OP contact the Gardai as the council cannot intervene in a dispute between two tenants unless there is proper reason to. If the domestic abuse has not been reported then there is no reason for them to intervene.

Mod Note

Your assuming the man is the abuser here.

Let’s not go down that route.

OP, do not post anything that could implicate you or another in a crime.
The Garda I should be dealing with this matter.

Dawido

matthewmurdock wrote: »

She will not be rehoused if she is a tenant.

If there is no Garda report there is no proof of any dispute. Both are tenants in the eyes of the council.

She goes to the Gardai who will contact the council on her behalf.



What utter nonsense is this? She has as much right to be in the house as him and if he has committed a criminal offense then she has far more right infact.

Domestic abuse? give up and stop being petty. :rolleyes:

OP contact the Gardai as the council cannot intervene in a dispute between two tenants unless there is proper reason to. If the domestic abuse has not been reported then there is no reason for them to intervene.

Yes she is a tenant. She contacted the Gardai, but the man doesn't open the door. She is currently housed in Hotel but that will end tomorrow. Will she have to be homeless because the guy doesn't let her in her own house?
Also the woman's solicitor sent letter to him (the guy who changed locks, to give the key and send to the solicitor office as she will be coming back to the house), he replied back via email that he will defend the house will all tools available [his words]. She got a protection order from that...

Just wondering how she can get into the house because it seems no one wants to help her.

matthewmurdock

Eric Cartman wrote: »

she's the one who left, nowhere in the post does it say who the perpetrator of the domestic violence was . He has continued tenancy of the home and as its a council property, she has no financial interest in it.

Him having "continued tenancy" means nothing as in the eyes of the local authority, both are tenants. A tenant cannot remove another tenant from the tenancy so this continued tenancy means squat in the eyes of the council. They are both tenants, they have equal rights.

Well she has a huge financial interest in it. If she leaves a tenancy without going through the Gardai - voluntarily surrenders - then she will not be accepted back onto the housing list. So off to the rental market or if that cannot be afforded then homelessness. Her financial interest is that without it she will be hundreds of euro worse off per month, or worse.

Gumbo

Dawido wrote: »

Yes she is a tenant. She contacted the Gardai, but the man doesn't open the door. She is currently housed in Hotel but that will end tomorrow. Will she have to be homeless because the guy doesn't let her in her own house?
Also the woman's solicitor sent letter to him (the guy who changed locks, to give the key and send to the solicitor office as she will be coming back to the house), he replied back via email that he will defend the house will all tools available [his words]. She got a protection order from that...

Just wondering how she can get into the house because it seems no one wants to help her.

If there’s a Domestic abuse concern I’m sure the authorities can help.
What does your friend want as an outcome.

Does she want permanent access and use of the property or just access to get personal things.

matthewmurdock

Dawido wrote: »

Yes she is a tenant. She contacted the Gardai, but the man doesn't open the door. She is currently housed in Hotel but that will end tomorrow. Will she have to be homeless because the guy doesn't let her in her own house?
Also the woman's solicitor sent letter to him (the guy who changed locks, to give the key and send to the solicitor office as she will be coming back to the house), he replied back via email that he will defend the house will all tools available [his words]. She got a protection order from that...

Just wondering how she can get into the house because it seems no one wants to help her.

Go back to the Garda station. Without the Gardai the council cannot do anything. Without the Gardai it's a he said/she said situation where both are tenants, and the council would be of the opinion that the tenants need to sort it between themselves.

Eric Cartman

bring the information from the gardai with you and talk to the council about emergency accomodation and work from there.

If there was an issue with domestic violence I have no idea why you want to go back in the house considering you have no way to oust the other person, it would probably just get back into violence again which is less than ideal.

Dawido

matthewmurdock wrote: »

Go back to the Garda station. Without the Gardai the council cannot do anything. Without the Gardai it's a he said/she said situation where both are tenants, and the council would be of the opinion that the tenants need to sort it between themselves.

She has been at the gardai station, even two guards went to the house but the man doesn't open the door... She was told by them to wait until she sees lights on and then to call them...... (very weird tip from them)

Dawido

Eric Cartman wrote: »

bring the information from the gardai with you and talk to the council about emergency accomodation and work from there.

If there was an issue with domestic violence I have no idea why you want to go back in the house considering you have no way to oust the other person, it would probably just get back into violence again which is less than ideal.

So, her option is to be homeless or go into that home again? I think she wants go back to that house - but as said locks are changed and the man doesn't open the door to anyone even the guards... The guards say they cannot do anything, the council says this is matter between two of them... But she will be homeless tomorrow since she can't enter the house and has no alternative accomodation.

matthewmurdock

Dawido wrote: »

She has been at the gardai station, even two guards went to the house but the man doesn't open the door... She was told by them to wait until she sees lights on and then to call them...... (very weird tip from them)

If there is an ongoing investigation then be careful what you say here.

Without the Gardai, as I have said and as you have since confirmed, it is a dispute between two tenants - he said/she said.

Tell her to go back to the Garda station and make sure that there is some way that the council know that there is a domestic violence investigation underway. Then go back to the council with this proof and she will be put into emergency accomodation.

Eric Cartman

Dawido wrote: »

So, her option is to be homeless or go into that home again? I think she wants go back to that house - but as said locks are changed and the man doesn't open the door to anyone even the guards... The guards say they cannot do anything, the council says this is matter between two of them... But she will be homeless tomorrow since she can't enter the house and has no alternative accomodation.

thats what you seem to be saying.

it seems to me is that youre asking how can she get back into that house, tomorrow, but as you brought up the domestic violence element I have no idea why this woman would want to go back in the house if she was the victim, or why the man would let her back in if he was, so Id imagine that you are looking for some way for the woman to go back in that house and have the man removed........which is not happening for you and you can give up now if you think it is.

Dawido

Dawido wrote: »

She got a protection order from that...

Just wondering how she can get into the house because it seems no one wants to help her.

Why a protection order?
Is it an intern order?
Does she have a date for a hearing for a full order ?
Is she happy to live together in the house?
If it's her home why doesn't she just break in? If I was locked out of my home, I would have to break in.

Eric Cartman

Eric Cartman wrote: »

Id imagine that you are looking for some way for the woman to go back in that house and have the man removed........which is not happening for you and you can give up now if you think it is.

Why do you think this cannot happen?

Dawido

bubblypop wrote: »

Why a protection order?
Is it an intern order?
Does she have a date for a hearing for a full order ?
Is she happy to live together in the house?
If it's her home why doesn't she just break in? If I was locked out of my home, I would have to break in.

Why a protection order? - Council told her to get that, and the Guards will help her get into the house, but they since changed their mind and now saying this is between the two tenants.

Is it an intern order? - I am not sure
Does she have a date for a hearing for a full order ? - Yes, she does have a hearing
Is she happy to live together in the house? - Yes, she wants to live there and doesn't want to remove her ex-partner, but ex-partner is not happy with her and has new woman that he said will be living there.

If it's her home why doesn't she just break in? If I was locked out of my home, I would have to break in. - She wanted to take a locksmith but the guards advised her otherwise and not put locksmith life in danger.

OK, protection order allows the man to live there.
He has a new girlfriend? Why does your friend want to live together with him then?
I wouldn't care what the Gardai would say, if I couldn't get into my house I would break in, I wouldn't have to involve a locksmith.

I'm thinking there's a little more to this story.........

matthewmurdock

Dawido wrote: »

Why a protection order? - Council told her to get that, and the Guards will help her get into the house, but they since changed their mind and now saying this is between the two tenants.

Is it an intern order? - I am not sure
Does she have a date for a hearing for a full order ? - Yes, she does have a hearing
Is she happy to live together in the house? - Yes, she wants to live there and doesn't want to remove her ex-partner, but ex-partner is not happy with her and has new woman that he said will be living there.

If it's her home why doesn't she just break in? If I was locked out of my home, I would have to break in. - She wanted to take a locksmith but the guards advised her otherwise and not put locksmith life in danger.

He can kiss that idea goodbye anyway, he cannot add occupants to the tenancy without the consent of all tenants.

The locksmith thing sounds highly unlikely.

Eric Cartman

Dawido wrote: »

Why a protection order? - Council told her to get that, and the Guards will help her get into the house, but they since changed their mind and now saying this is between the two tenants.

Is it an intern order? - I am not sure
Does she have a date for a hearing for a full order ? - Yes, she does have a hearing
Is she happy to live together in the house? - Yes, she wants to live there and doesn't want to remove her ex-partner, but ex-partner is not happy with her and has new woman that he said will be living there.

If it's her home why doesn't she just break in? If I was locked out of my home, I would have to break in. - She wanted to take a locksmith but the guards advised her otherwise and not put locksmith life in danger.

No, they absolutely did not.

However if the mans new woman is living there id imagine the council may have an interest in this, or is it possible that the tenancy was changed already to accomodate this.

I think how long the woman was not in the house for is an important bit of information here, like this lad has changed the locks and moved a new woman in, if its been months or a year etc... I can see why the guy wouldnt open the door when his ex rolls back up and demands to be housed while him and his new missus is living in the house.

Gumbo

Mod Note.

Thread locked for various reasons.

Reports.
Gardai Involvement.
Ongoing case with hearing pending.
Assumption of blame.

OP, you need to be engaging with the Gardai, Council and possibly Legal Professionals.