Oksana is a Ukrainian private tenant currently separating from her ex-partner, with whom she still temporarily cohabits ……….
Client Profile:
Oksana is a Ukrainian private tenant currently separating from her ex-partner, with whom she still temporarily cohabits with. Oksana is working two jobs; has one dependent child and holds a Ukrainian visa valid for another 18 months.
Reason Client Needs Advice:
Oksana came to Citizens Advice via our Ukraine project, seeking advice after discovering that her ex-partner, a joint tenant, had served notice to end their tenancy without her knowledge or consent. Oksana did not wish to leave the property and wanted to remain the sole tenant. She was also unsure about her tenancy rights, the implications for Universal Credit, and whether she might be considered at risk of homelessness.
What We Did to Help the Client:
The adviser verified her tenancy rights as a joint tenant and confirmed that a fixed-term tenancy cannot usually be ended early without both tenants’ agreement. The adviser supported her in drafting a letter to the letting agency to clarify that she had not consented to end the tenancy and to express her willingness to take over the tenancy in her own name.
Following the agency’s response, the adviser consulted our internal housing specialist, who, with permission of Oksana, contacted the letting agent to request copies of the tenancy agreement and the break clause notice. It was confirmed that the tenancy was still active and that she would not be required to leave without the proper eviction process, which was still an option for the landlord.
The adviser explained the eviction process (Section 21 and Section 8 procedures) and provided links to relevant Citizens Advice and Shelter resources.
Advised about the following:
A homelessness application was not immediately possible, as they were not within the 8-week risk period.
Tenancy is still considered active by council as the break clause was not validly exercised (she did not sign this).
The council would not treat Oksana as threatened with homelessness unless landlord served a Section 21.
Landlord may still choose to serve a Section 21 after reviewing income evidence, we advised her to provide P60s of the 2 jobs and benefit calculation.
If Section 21 is served, Oksana could apply for homelessness but unlikely to be offered permanent council accommodation due to not having 7 years of residency in Harlow. Temporary accommodation is most likely to be offered.
The council's Housing officer suggested she could explore the private rental market, we showed her how to search using online platforms.
Confirmed she could remain in the property until bailiffs arrive, even if Section 21 is issued.
The adviser also helped her to check her Universal Credit entitlement and drafted a message to request inclusion of the housing element and explored benefit maximization options including Discretionary Housing Payments (DHP), Low-income fixed tariff (LIFT) - Affinity Water and the Essential Living Fund. The adviser also provided information about Energy Efficiency Advice, Bounty Club (Local Social supermarket), School Uniform Exchange and Broadband Social tariffs.
Outcome:
Oksana is now aware of her tenancy rights; and has been advised on the next steps should a Section 21 notice be served.
Household Support Fund Voucher obtained for £120
Expected Financial outcomes:
Housing Element: expected increase in UC payment of £875.52 monthly (£10,506.24 annually)
Discretionary Housing Payment (DHP) Max annual savings of £6,300
Water Low Income Fixed Tariff (LIFT) expected savings of £349.20 annually
Energy Efficiency Advice expected annual savings of £1116
Bounty Club Expected annual savings £4,160
Essential living Funds max award expected £300
School Uniform Exchange annual savings £70
Broadband Social tariffs expected annual savings of £200
NB: Names and some details have been changed to protect our clients’ identities.