Survivor wants to remain in property

In some circumstances the survivor may wish to access support to exclude the alleged perpetrator from the home and secure the property so that they can remain within the home. Any decision to leave or remain in a property is the survivor's decision. We will support this. It is important to note that legal proceedings and the perpetrator's housing situation can escalate domestic abuse risk levels. In these cases, it is essential to work closely with Camden Safety Net and to closely monitor risk and safety.

There are three key elements to tenancy sustainment work, these are:

• Enforcing or gaining tenancy rights.
• Securing the home.
• Perpetrator management.
  
  

Tenancy type and options

The first step is to understand the tenancy status and type.

It is important to understand the tenancy type and marital status of a survivor of domestic abuse as this will impact their options and the advice needed. Where there are questions about a tenancy, survivors should be signposted to sources of free legal advice – see sources of support for more information.

Joint tenancies

Council policy is that, when a tenancy begins, a joint tenancy is offered to couples cohabiting. Consequently, it is common for survivors of DVA who approach the Council to have a joint tenancy. In law, the tenancy is not affected if one joint tenant has moved out because only one joint tenant needs to be in occupation for the tenancy to remain secure. A valid notice to quit served by only one joint tenant is sufficient to end a tenancy for both parties. The Council can then take action to recover possession of the property through the county court, where appropriate.

It is not necessary for a joint tenancy to be ended before a new tenancy begins. Survivors should be advised of this and, where possible, a NTQ should be served once the survivor has been safely rehoused, or the perpetrator has been excluded and the property secured.

Ending a joint tenancy

It is not our role to advise a survivor or any joint tenant that they must, or should, end their joint tenancy, but we can advise a joint tenant that this is an option which is open to them.

Decisions to end joint tenancies can be complex and we shouldn’t ever urge a survivor to make this decision quickly. If a tenant has asked you for advice:

• Refer to the joint tenancies guidance on the hub.
• Advise them to seek legal advice – see sources of support.
• Seek advice from your manager, the Service Development team, and the DA MDT, and refer to the Legal team if a situation is particularly complex.
• Adopt a safety-led, risk-informed approach: think “if this joint tenancy is ended what could happen? Is it safe? Can we put support in place?’’

If a tenant decides to end a joint tenancy, refer to the joint tenancies guidance which includes a template a joint tenant can use for this purpose and provides guidance about the implications for the other joint tenant.

Sole tenancies

If a survivor approaches from a property which has a sole tenancy either they will be the tenant, or another person is. Often the other person is the alleged perpetrator. In both scenarios the survivor may benefit from support to exclude the alleged perpetrator from the home and help with home security work. The steps that can be taken are listed below.

If the perpetrator is the sole tenant then the survivor has not exclusive right to possession. In these situations, unless the survivor is married to the tenant, they will need to access legal advice to explore civil and legal options for excluding the perpetrator and gaining rights as a tenant.

Exclusion of an alleged perpetrator

Domestic Violence Protection Order (DVPO)

• DVPOs are civil orders that allow the police and magistrates' courts to put immediate short-term protective measures in place for survivors without the need to charge the perpetrator. This can include prohibiting the perpetrator from attending the property.
• If the survivor is working with the police, they can enquire about a DVPO. CSN can also assist with this.

Injunction proceedings - Part 1 of the ASB Crime and Policing Act 2014

• A local authority or the police can apply for an injunction to prevent further abuse where there is a risk of serious/significant harm. These types of injunctions can be used in domestic abuse cases.  The legislation specifically gives protection to a person’s right to occupy their home.  They can also be used in cases where behaviour is capable of nuisance or annoyance related to housing, for example they can be sought in cases where a tenant is causing harassment and anti-social behaviour.
• In this type of case the local authority is the claimant and the perpetrator is the defendant.
• For more information on this speak with the Neighbourhood Manager and Legal team.

Non-molestation order

• A non-molestation order is an injunction that a court can serve which can forbid perpetrators from engaging in specified behaviour directly or indirectly, i.e. threatening a survivor or attending their home. Breach of a non-molestation order is a criminal offence which can result in imprisonment.
• This requires assistance from a specialist agency or a solicitor.

Occupation order

• If the perpetrator does not leave the home or surrender a joint/sole tenancy voluntarily the survivor may be able to obtain an occupation order under the Family Law Act 1996 (as amended by the Domestic Violence crime and Victim Act 2004).
• An occupation order allows the court to enforce or restrict rights to occupy the home. This requires assistance from a specialist agency or a solicitor.