What happens when married council tenants split up?

ontopoftheworld_2

Sadly a friend's parents are separating, they have been married for many years and have had a joint council tenancy for at least 30 years. They have very little money and the husband has recently been signed off work due to health problems - it would be next to impossible for either of them to try and rent in the private sector due to lack of funds for deposits, rent in advance etc. They currently have a 2 bedroom council house, obviously they can not stay in the same home together and a 2-bed home is too big for one of them to live in alone, so would the council rehome them into separate 1-bed flats/studio or is it not something the council would usually try to help with and it's a case of 'tough luck'?

Any pointers would be appreciated. Thanks!

silvercar

Any reason why they cannot live separately together? If there is a good reason then one will move out and present themselves as homeless to the council and be provided with emergency accommodation.

ontopoftheworld_2

thanks - no, they can not live in the same house - just absolutely not workable at all.

poppysarah

They will probably be rehoused into two one bedroom flats if they ask the council.

The council will love to get a house back.

squinty

A few words of warning.

Assuming they are in England. As joint tenants one tenant can end the tenancy on behalf of all joint tenants. So if one partner finds somewhere to live, the other may lose their council tenancy. The council may have no responsibility to the remaining tenant.

Silvercar is probably not correct in saying that they will be offered emergency accommodation. Unless either/both of them are in a priority need group the council may just give advice and assistance, they may have no obligation to provide emergency accommodation. Even if they are in a priority group leaving their secure tenancy, albeit when a relationship has broken down, may be viewed as intentionally homeless.

Encourage them to speak to the council or housing advice centre. It may be that they can assist with a move to either another counil property, or housing association. Many councils have rent deposit schemes to help people to find private rented accomodation.

Good louck

tbs624

squinty wrote: »

.....As joint tenants one tenant can end the tenancy on behalf of all joint tenants. So if one partner finds somewhere to live, the other may lose their council tenancy. The council may have no responsibility to the remaining tenant.

An injunction can be taken out by either joint tenant to prevent the other ending the tenancy before the legal issues around the relationship break-up have been properly resolved.

squinty wrote: »

Encourage them to speak to the council or housing advice centre. It may be that they can assist with a move to either another counil property, or housing association.

Agree - they can both apply for rehousing but it is probably best for them to each talk to a solicitor for proper advice on both the matrimonial and the housing issues before doing anything else - use Community Legal Services to find a suitable one: if they are on a limited income they should get some help with the cost.