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transfer of tenancy

B

bobs

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hi guys

just got the application of a transfer of tenancy come through today, don't know where to start with all this now.

it has the usual lies that have been said in the NMO and OO and to be honest I don't know whether to laugh or cry at it (or cry with laughter), its all about her situation in the home (and most of it she has caused), nothing to do with how it will benefit the children if I left, and I'm quite happy to, but not without them.

so at the min im currently fighting a OO a CAO and now a transfer of tenancy all on the go.

my hope is that the courts will see this for what it is and wait until the CAO is sorted until they make a decision on the property, as if I am still in the property I believe I have a good chance of being classed as the live in parent and her being classed as a shared time parent

has anyone had any dealings with this

I get the basics about the order but how long does it take from 1st hearing to being sorted, and is it only against me, or does it open the fact that a judge could say in the best interest of the kids that she is ordered out?

thank you
 
I'm not sure on this but I think the Occupation order is dealt with separately to the Child Arrangements order. Two separate things and areas. Your ex is playing the Mother card. These agencies tend to side with the Mum.

What courts want ideally is for parents to reach agreement. But I think unless she is proven to be dangerous to the kids they won't order her to leave the house. What she's basically doing is saying - you're separating and she doesn't want to be the one to leave.

Maybe try and separate out the housing from the Child Arrangements order. It's tricky. If you were living somewhere else you'd be needing to state what arrangements you want with the children for living in both homes.

I wouldn't see the CAO as fighting anything. It's something you've asked the courts to sort out - arrangements for the children - that only happens when a couple are separated or about to separate.

I assume you'll have a hearing for the occupation order and need to defend against her allegations, but I think if they have to decide which parent stays in the house they will usually let the Mother stay - sorry. I might be wrong in your circumstances. By getting an occupation order she is basically claiming sole residency of the kids, so your CAO needs to be asking for 50/50 lives with both parents (you can update whatever you asked for in a position statement.

So basically she wants you to move out. The fact you've got a CAO hearing coming up is good because usual advice is don't move out without a CAO in place as once she is in the home with the kids she could stop you seeing them and it takes longer to get an order to see them then.

You mentioned before she has a solicitor so she'll be getting legal advice.

The OO and Change of Tenancy go together really - she's asking the courts to get you out so she can stay in the house (and will assume the kids stay with her, and without an order otherwise, that will be the case).

The system is basically biased towards Mothers. I think you have a few options. You can either fight this occupation order (she is asking for sole occupation and is likely to get it). Or you can decide to find another place and go for 50/50 child arrangements. The advantage I can see of the latter is - she then has no need for an occupation order, so she can't then use that against you in the CAO hearing. If she got the occupation order she can then claim that you were ordered to leave due to DV or something - and withold the kids. And even if that is untrue Cafcass would need to do a section 7 to check things out which could be months without seeing the kids.

Which hearing comes first?
 
hi ash thanks you for your reply

the OO final hearing is to be taken place after may (no specific date), and the 1st hearing for me to contest the transfer of tenancy is on the 25th April which I plan on doing.

I know that the courts are biased towards the mums, but while my daughter is saying that she wants to be with me I will keep fighting this.

with regards to the CAO a section 7 report is to be filed by our social worker, and my daughter has raised so many concerns to her, so hopefully they will be realised in the CAO and hopefully side with me, part of me is thinking that due to all these false claims about DV which I have successfully shown to be lies, the only way they know they can win is by forcing me out before the CAO (or at least that's what im hoping), im jumping through hoops and running through walls to do what I need to do, to prove that im the parent that is fittest for these kids,

even with the OO the judge clearly saw through all her lies and ordered that police reports, social service reports was filed, the police reports have come back in my favour, and still waiting on the SS reports, but with all the things that have been said about the ex and her support network from the kids, id like to believe that the courts would not put them through this.

as my defence in all of this is just keep it child focused, and suck it up.

im gonna get a 30 min legal help and see that if I can apply for the CAO and transfer of tenancy can be linked so that way if it is then once the courts decide who the live in parent and the spend time parent is, they can sort out the transfer of tenancy, but not sure if that will happen or not

my daughter has said to me that she don't want to be with her mum and would only like to see her once a month, which I think speaks volumes into what she has been through.
 
How old is your daughter? If a section 7 is being done do you know when that's to be finalised/submitted and do you have a date for the next CAO hearing?

Asking because of timing - the OO and tenancy hearings may take place before the next hearing for CAO. Which as you say might be their strategy - to get you ordered out of the house first and then try and use that against you at the CAO hearing or something.

What you maybe could do at the housing hearings is state that a Section 7 report regarding the children is being done and you feel nothing should be decided until the court has seen a copy of that. ie get the results of the housing hearings delayed.
 
Ash said:
How old is your daughter? If a section 7 is being done do you know when that's to be finalised/submitted and do you have a date for the next CAO hearing?
Click to expand...
she will be turning 12 soon, so what ive read is she is old enough for her voice to be heard my other daughter is 6, who I know is to young to heard,
its still in the early stages,CAFCASS has filed a report from our telephone interviews, and put what they are recommending the court to do but still waiting for a 1st hearing.

the only recomendation regarding myself is a fact finding to see about the allegations of DV

on her side its doctors notes due to her mental health, letters from parenting class, and a few other things, but no real concerns about the way I deal with the children

Ash said:
Asking because of timing - the OO and tenancy hearings may take place before the next hearing for CAO. Which as you say might be their strategy - to get you ordered out of the house first and then try and use that against you at the CAO hearing or something.
Click to expand...
its still in the early stages,CAFCASS has filed a report from our telephone interviews, and put what they are recommending the court to do but still waiting for a 1st hearing

Ash said:
What you maybe could do at the housing hearings is state that a Section 7 report regarding the children is being done and you feel nothing should be decided until the court has seen a copy of that. ie get the results of the housing hearings delayed.
Click to expand...

that's what I was thinking of doing but wasn't sure if that would be allowed, I just need to still be in the property when it comes to the CAO as im confident that with all the evidence I have, the court would see that im the fitter parent. (but know because of my gender that might not mean a thing)
 
hi everyone

just an update

had court yesterday about the FP2 form, it was all about me being able to link evidence from the CAO case in regards to the CAFCASS letter contradicting what she said in the OO and a witness statement giving a true reflection of circumstances that she claimed.

it went really well, all the evidence I asked for was allowed in :), which builds my case that not only is she a liar, but I can use that she is unstable in regards to the children.

when I got there, her barrister asked the judge to link the OO and the transfer of tenancy, due to them being in the same ball park, and the judge refused her request, they know that she's lying about all these claims, and the judge was even saying about how he thinks that due to the way I have carried myself throughout the proceedings, he says that he does not anticipate any problems coming from my side, then turns and says to her that she has, as well ( I guess so he can't be accused of bias), but has said that we will revisit this at the pre trial hearing before the final hearing, and has vacated the April hearing until then.

we was meant to have the final hearing in may, but when asked if there was a date for this he went and checked and got told that it would not be until July august time, which is great for me as that gives more time for the CAO order to start and possible give me more evidence that I should reside in the property with the kids, or at least give me more time to be there for them.

I know its not a big victory but I walked out there thinking that ive still got a chance, which is great considering that I'm self repping and can only afford little bits of advice from solicitors, its given me some more hope.
 
Glad that went well. Not sure I followed all that! So this was a housing hearing that's now linked to the CAO application and final hearing for CAO has been put back to allow these hearings to be completed first, is that right? Or is it the OO hearing that's been put back till after final CAO hearing?

So how many hearings have you got coming up?!
 
Sorry

I don’t know how I keep up with it, let alone explain it

I’m using reports from the CAO as evidence in the OO to disprove claims she’s made

They filed for a transfer of tenancy and for that to be linked with the OO which got refused

So I have a CAO hearing to take place
A OO hearing to take place
And then a transfer of tenancy order to take place
 
Cheers! You have a lot on and are doing well. So yes that's good news that you can use the Cafcass reports as evidence in the OO. Strange that they wouldn't let the OO and transfer of tenancy be linked - but maybe there's no need. If you win the OO then the transfer of tenancy should become irrelevant presumably.
 
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