Advice on seperation and tenancy

geedad

First time poster and a little worried.
I have recently seperated from my girlfriend and now staying in the house with my kids, the tenancy was originally taken out with her as the main tenant and me named on the lease. I am unemployed and the guarantor for the lease was my ex's former boss. I have no one who could take the place as guarantor and obviously have no income apart from state benefits, LHA etc. The agents are currently doing a credit check on me, which I will probably fail, and I am just worried about being made homeless. If they turn down the renewal of the tenancy, which they are quite right to do, will I be simply thrown out or give enough time to find a big enough cardboard box for me and my three kids? I need to laugh at something, sorry.

Jowo_2

Shelter has good information on the eviction process.

Are you in Scotland or England/Wales?

Are you saying you are a joint tenant on the AST or something else? This is important.

Does the tenancy still operate within its fixed term, if so when does it end?

Was an S21 (notice to quit) served at the outset of the tenancy?

Are you in arrears?

geedad

I stay in scotland and think I am a joint tenant, the tenancy has expired and should have been signed for renewal by us both but its late. My girlfriend left 9 days ago and contacted the letting agents almost immediateley and today is the first contact I have had with them. No notice to quit has been served no and I am not in arrears because the rent isn't due until the end of the month, hopefully I'll qualify for local housing allowance to help pay for it.

Jowo_2

We don't have the best knowledge of Scottish housing law on this forum. Shelter Scotland are your best bet. Ask your agent for a copy of the tenancy agreement if you can't find it, in order to confirm if you are a joint tenant.

This link leads to their tenancy checker which will then identify how your tenancy can be ended. Tenancies where the fixed term have ended are known as periodic tenancies.

http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/renting_from_a_private_landlord

Is your ex going to contribute towards the rent? If you are joint tenants, then she is jointly and severally liable for it and her non occupation is irrelevant?

Get your claim for LHA in as quickly as possible and be aware that if the local council do not process it within 14 days of submission, as long as you've submitted all the correct paperwork, they are obliged to pay you an interim sum (interim housing benefit) which you have to apply for, it isn't granted automatically.

geedad

I don't think my ex will contribute to the rent but if I advise her of liability she won't argue, I don't think, thanks for the link and advise, I have been in touch with the local council about this and they sent me back a letter I don't understand. Maybe you could help with that? its the use of the english language in it that is confuddling. It read "Thank you for completing a benfits on-line blah blah...Due to legislative change it si no longer necessary for the benfits on-line forms to be signed. Unfortuanley, the coucil website has not been updated to reflect this change and customers are still advised that a signature is required. Consequently,your form will not be returned to you for signature and your claim will be processed in due course." What does this mean? sorry if I'm being silly but my head is spinning.

geedad

Its ok about the letter. I phoned again and held on until I got an answer, what it means is that there is no longer a need to sign anything its just their website says that a form will be sent out for signature, which is no longer the case.