The government passed the Domestic Abuse Act in 2021, this act paved the way for many changes regarding victims of domestic abuse. As of 2022, the Department for Levelling Up, Housing and Communities are attempting to shake up the current law on joint tenancies. These proposed changes have been fuelled by the concerns of domestic violence that have been experienced by over 2.3 million adults in England and Wales alone.
What is the Current Law?
Under the current law, a joint tenancy is transferred into one of the tenant’s sole names but only under an agreement from both tenants and the landlord. Clearly this is not a suitable nor appropriate route for a person in a joint tenancy experiencing domestic violence. Very often victims feel trapped and unable to leave their abuser, especially if their only chance of escape means that they have to have consent from their abuser to do so.
Issues For Joint Tenants
The legal framework also subjects victims of domestic abuse in a joint tenancy to the threat of becoming homeless which is a threat that can be utilised by the abuser to keep victims trapped in the tenancy. Another issue created by the law is that if the victim wishes to remain in the property, there is currently no simplistic route to remove the abuser from the home and therefore not having to risk losing their home altogether.
The law also has another flaw in regards to joint tenancies. Tenancies that are fixed terms or ‘securely flexible’ means that victims of domestic abuse under the tenancy could risk being left with a tenancy that they no longer want to live in. This means that the tenant can become vulnerable to costs of property damage and liable for any rent arrears that may occur.
Financial Control Abuse
What is most concerning when considering this particular flaw is that victims of domestic abuse are very often subject to financial control by their abuser, therefore any costs that may arise whilst being stuck with their tenancy could prove catastrophic for an already vulnerable person.
What Will The Government Do?
Currently governmental departments are exploring evidence from many sectors involved that will help resolve the flaws in the law regarding joint tenancies. Lawyers and landlords will contribute to this investigation as well as organisations that specialise with helping victims of domestic abuse. This is in order to find out how the law can adapt and improve to help victims. As well as provide as much support as possible to escape the vicious cycle.
What Will The New Law Do?
If the government signs sufficient evidence that indicates that a change should be made, the new law should tackle the flaws from the current framework. This means that the process for ending joint tenancies will be made more simplistic for victims of domestic violence to escape their abuser. This in turn will mean that the victim will not be subject to the risk and vulnerability that they could become homeless or financially affected if they are stuck with tenancy.
The proposed changes not only bring support for victims of domestic abuse, but it will also provide support for landlords. Landlords will be helped with the current means available to support abuse victims in joint tenancies and will be given guidance on the steps they can take to make the process less hostile.
What Happens Next?
The consultation papers have been reported to the government and we are currently awaiting their response. Whilst we await the response, there are other ways in which you can tackle issues of domestic abuse within a joint tenancy. One way this is possible is speaking to an experienced family law firm like us here at Maria Fogg Family Law. It is possible for your solicitor to apply for an Occupation Order to enforce or restrict the right to occupy the home.
Sanctuary Schemes
Sanctuary schemes are also a good way to stay within the home. This is a method in which you can take measures such as fitting police alarms or video intercoms in your property or even reinforcing exterior doors and windows.
Speak to Someone
It is really important that if you find yourself experiencing domestic abuse or violence to speak to someone. The law around tenancies can be quite complex so speaking to experienced lawyers is essential to help you escape the abuse as well as being secure in keeping your home.
There are also many platforms, websites and helplines that are supportive and informative of your rights as a tenant. They are also there if you wish just to speak freely about your mental health. The platform Shelter is a really informative website about tenancy rights and helps vulnerable people out of a bad situation.
Don’t hesitate to contact us if you have any concerns regarding domestic abuse.
