Housing Benefit Help - Joint Tenancy

gotnodosh

Hello, I am hoping someone can help me.

I separated from my husband last October. He moved out of the property into a flat for which he receives full HB.

I was made redundant at the end of October and whilst I am working in temporary employment, its not enough to pay essential bills. So I have been using my redundancy money to make up the difference. Now this is nearly gone so I have applied for HB.

The problem is that my Ex is still on the Tenancy Agreement. I enquired last year on how to remove him and was told by my LA that they will credit check me and start a new tenancy just in my name. I know I will not pass a credit check as I have a CCJ and that will fail me. So I just left my Ex on the tenancy as I would have no Guarantoor and I would fail the check anyway.

Now the Council has asked me to write them a letter of what steps I have taken to remove Ex off the tenancy. I would dearly love to take him off but I am stuck with it. If the worst came to the worst and he wanted to move back in I would take out an injunction against him. But what can I write to the council?

I have two kids living with me, so if they don't give me HB because he is still on the Tenancy Agreement and I end up not being able to pay my rent, they would have to rehouse me anyway.

So can someone please advise me what to write?

Breast_Cancer_Survivor

Will your ex not help you to clarify things at the council? especially as he is receiving HB himself & you have kids, then it should be obvious to them that he isn't living with you.

If not point out to him that his name is still on the tenancy agreement therefore he is liable to pay half of the rent until the tenancy finishes.

Im sorry if ive not been helpful but that is what I would do, good luck.

asandwhen

I am joint tennant with my father-in-law although I dont live with him - He gets full housing benefit. The council just needed a letter from the letting agents saying that although we are joint tennents my father in law lives there alone. I would suggest that you write a letter outlining your situation also give them the name of the council that you ex claims his housing benefit through then they can check direct.

It shouldnt be a problem just include all this with your application - Try and get as much proof as you can that your ex no longer lives there. get utility bills that are just in your name and the council tax notice which should now be in your name with 25% discount (this would be excellent proof).

If all this fails speak to shelter they would give you excellent information and may even take up your case and speak with the council themselves as if the council dont do this you could be homeless

gotnodosh

Thank you for your help.

My Ex is with the same council as I am, he got the flat through the council letting scheme here. Unfortunately he is an Alcoholic and I have the suspicious feeling that he has used his LHA for alcohol instead of paying his rent. He told me the other week that he has been given notice by his LL (not surprising if rent is not paid) so being on my tenancy might be his get out of jail free card so to speak. So I don't think that asking him to clarify things with the council is an option. I am also wondering if the council are aware that he got given notice and that is why they are asking the question.

I think I will give Shelter a call. If all else fails I will have to apply for a non molestation/occupation order but I would prefer not to go down that route.