Need Benefit Advice Please, What help can i get?

AnxiousMum

Sorry to hear about the split Tulip - but ......you say he 'will be fair'? A good 'control freak' will always ensure he has convinced you he will be fair! He is NOT being fair, he is controlling you and your movements, finances - everything.

Is the car in your name? If so, take it back. If nothing else - your daughter will have a car to use. Joint custody? He may get joint custody in terms of having a say as to education, religion, medical issues - that type of thing. But true joint custody in terms of time spent equally with each parent - well, he should've thought about that before he helped arrange to be 500 miles apart from them. It might happen for a few weeks.....where they come and spend weekends with him, but before long, the kids will be too tired with all the travel, they will miss spending times with other activities, friends they will make etc. and they won't go every weekend.
You will be the main carer of the children, therefore, YOU are the only one entitled to legally claim Child Benefit and CTC's etc. for them. both departments will only pay one person - not divvie up the payments and make payments to two people.
Ensure that you are able to continue providing for your children - get enrolled with CSA immediately. This type of person that you are describing is a control freak, and a control freak is not one you should enter into private agreements with.

Make sure you are off of the lease of the house that you are moving out of - if both names are on it, and he defaults on the rent, council tax etc., they will come after both of you to see who they can get the arrears out of first. Cancel his supplementary cards on any of your credit card accounts. Change passwords on any of your financial accounts you might manage online so that monies cannot be taken out by him in any way whatsoever.

Avoid letting him have control over you the simplest way - by taking control yourself

sueturnersmith

This case is so weird that at first I thought it was a wind up!

Tulip09, your husband has walked all over you - he's definitely NOT being fair! He has been seeing another woman for years, and has manipulated you into signing agreements for his loans, a car and a house. And now he is trying to claim half the children's benefits - he is certainly not entitled to them, as he will not be living with them and caring for them most of the time.

Please get a solicitor to help you with all of this. If you don't know of any, call the Citizens Advice Bureau, and ask them for some advice. Please don't let your husband carry on manipulating you in this way.

Duncombe

Jowo wrote: »

I agree but in the previous posting it was pitched as 'It is possible that the new letting agent will not want you to take on the lease when they find out you will be claiming benefits' whereas they have no actual choice but to allow the tenant to take up the tenancy despite her change in circumstances and where the tenant could potentially be obliged to pay rent even if they decide not to occupy it.

This may not be the case. There is a claus in my tennacy agreement that states if there is a change (up or down) in mine and my partners income we MUST inform the letting agent. Similarly, if we start to claim any sort of housing or council tax benefit we also have to inform them.

Similarly, as the husband has not actually signed the new tenancy agreement at this stage it may be deemed void if he is named on the contract (if the new landlord wants out that is). This certainly sounds as though it would be of benefit for the OP.

Realisticaly - how many private landlords are going to want to take on an unemployed woman who has 3 kids and no idea about finances?

Just out of interest - how has the husband managed to remove his wife from the tennacy agreement on their current property without her knowledge or agreement?

Jowo_2

Duncombe wrote: »

This may not be the case. There is a claus in my tennacy agreement that states if there is a change (up or down) in mine and my partners income we MUST inform the letting agent. Similarly, if we start to claim any sort of housing or council tax benefit we also have to inform them.

Firstly, a landlord cannot retract a legitimate contract after it has been signed.

Secondly, a landlord can put any clause he/she likes into a contract but they aren't necessarily legally enforceable as it has to have a basis in housing law if it is to succeed when challenged. As far as I'm concerned that clause is a 'nice to have' not a 'must do' in terms of the law. Check out the actual legal position with Shelter as I don't believe there is actually any true obligation for a tenant to notify their landlord of a change in income or source of payment for the rent. I reckon it can be ignored.

Duncombe wrote: »

Similarly, as the husband has not actually signed the new tenancy agreement at this stage it may be deemed void if he is named on the contract (if the new landlord wants out that is)

The tenancy agreement (Assured Shorthold Tenancy agreement, AST) IS the contract. Although the terms may be different, they refer to the same thing.

Duncombe wrote: »

Just out of interest - how has the husband managed to remove his wife from the tennacy agreement on their current property without her knowledge or agreement?

The husband has been completely deceitful, evidentally securing a new contract in his sole name in the existing property while deliberately making up an excuse while he couldn't sign a joint tenancy agreement in the new property. He has wreaked what is sometimes referred as 'financial violence' on his wife by exposing her to his debts, expecting to keep the car, impoverishing her new household and expecting her to subsidise his new lifestyle. She should take legal advice on all of this. If this forms part of an entire behaviour that has disadvantaged her in many areas, not just the control of finances that disadvantage her, she should speak to Womens Aid because their advice can span all areas of her issues - debt, housing, benefits, relationship.

However, it's probably not the case that he has removed her from a joint tenancy, more likely that he has ended the joint tenancy through serving notice to the landlord and then re-negotiated a new tenancy in his sole name. A joint tenancy can be ended by any tenant on it, without the consent of the other tenants. Despite being composed of numerous individuals, a joint tenancy operates as if there is only one tenant there, hence any individual tenant can serve notice to end it, and all individual tenants become liable for any other tenants rent arrears. The Shelter website has information on how a joint tenancy operates and how it can be ended. In many situations, what he has done is normal in terms of how a joint tenancy can be ended and how a new one can arise. However, in context, he's merely tricked her out of the current home and tricked her into the sole responsibility for a new rental property and I don't know how she stands.

RAS

Duncombe wrote: »

Just out of interest - how has the husband managed to remove his wife from the tennacy agreement on their current property without her knowledge or agreement?

She knows that they are due to move to the new house and expected him to put in notice on the old house.

Anyway, in a joint tenancy either party can give notice and it terminates the whole tenancy.

The cheeky bit was getting the landlord to agreed to him re-taking it on in his own name, although if he has told the LL that the marriage is over before telling the missus?

Sounds par for the course with this man.

Duncombe

But the contract is not legitimate if it has been agreed and based on HIS earnings...and he wont actually be living there! The Landlord could see this as a pre-arranged agreement by the husband and the wife?

However, thank you for informing me for joint tennacy agreements - I was unaware that anyone named on a joint tennacy could end it without informing the others. As you said Jowo - it sounds as though he has ended the current one and taken out a new one. I would have expected the Landlord to maybe question this - atleast if i was in this poor womans situation.

Maybe I just find it very hard to understand how someone could let this situation arise. Best wishes to the OP.

elaina79

He sounds like a right scum bag to me. It makes me so angry that people can be so controlling in this way. So if he has had the control of the finances then he has had the money from CB, CTC and WTC at his disposal as well as his wages. Once the OP and the children leave then he will only have his wages to live on plus he will lose a % of that for maintainance. She is better off without him.

Tulip09

I have read the replies, and can answer a few questions now. Thank you for all the replies they have made me realise that this is a serious situation, and i have spent all day trying to find out information. First off i think i made my husband take control of the finances when i was first was ill, so he wasnt really controlling me as such and he is a good dad who loves his kids just not me (obviously). I am sorry if i have given the impression he is not.

To answer a few questions that have been brought up - i knew we were moving and we had to send a letter to our current landlord. I dont deal with anything like that, and my husband has had lots to be responsible for over the years, more than he should have been proberly. My husband is hard working and i have been unemployed and claiming disability so have relied on him to do alot more. I never needed money etc as i dont leave my house usually and my husband provides what i & my children need. I have never had to pay a bill etc as he has done all that before. It maybe stupid and nieve in hindsight but i will learn from this now. And to answer another question, the car is not in my name at all but the electric bill is, the current rent is joint, and the bank loans are joint. Im not great at maths but i think there is about £2000 to pay on one loan and about 10,000 on another still. So i think i will have to pay about 6000 of this plus the credit card which is just in my name.

From the websites and information i have been given today ( thank you again) i can maybe get LHA of 177.22 per week and council tax of about 20. 77 based on a council tax yearly bill of 1200 ( i dont know how much they actually charge yet)

I have got an appointment with the CAB for Wednesday next week and a free hour with a solicitor in the afternoon who will also help me i think. I have spoken to my children and only one knew that something was wrong and that dad wasnt going to move, so i dont think he has discussed it with them. I havent phoned my new landlord yet as i am a bit scared and dont really know what to say to him really, so thought i would be better off waiting untill i spoke to the professional people. I have spoken to my dad and he says he will help me out with the rent if i need it.

Jowo_2

Duncombe wrote: »

But the contract is not legitimate if it has been agreed and based on HIS earnings...and he wont actually be living there! The Landlord could see this as a pre-arranged agreement by the husband and the wife?

If the tenancy for the new property is signed in her sole name, then the tenancy is valid and if she wants to find out if she can break it, she needs expert advice from Shelter.

The way the landlord reviewed whether or not it was affordable based on his earnings, their decision to permit it to be signed on a sole basis when it was expected to be joint, the subsequent breakdown of his tenants relationship does not mean the agreement can be withdrawn.

It's quite dumb for a landlord to grant a tenancy to someone who may not be able to afford it but that doesn't undermine the legitimacy of what is in essence a contractual obligation.

Jowo_2

Tulip09 wrote: »

i think there is about £2000 to pay on one loan and about 10,000 on another still. So i think i will have to pay about 6000 of this plus the credit card which is just in my name.

Woah, there! Don't reach for your cheque book just yet. A fair husband would not want his disabled wife to pay out her benefits towards debts that he is responsible for anyway! Perhaps as part of the negotiated settlement arranged through a solicitor, the debts can be more appropriately re-apportioned.

You need expert advice on your obligation to pay these debts, accrued or enjoyed by your husband at your expense, such as paying towards a car that he put in his sole name and towards his legal fees for a case that didn't involve you. And expert advice on how to deal with the debts since it is very difficult for a person on benefits to repay £6000 worth of debts, plus whatever he's racked up on your credit card.

You should contact all lenders and find out what the current balance is, just to be sure that it's been getting paid off, and start opening all mail that is addressed to you, or addressed to the both of you. Contact the electricity company to get an idea of the balance.

Tulip09 wrote: »

From the websites and information i have been given today ( thank you again) i can maybe get LHA of 177.22 per week and council tax of about 20. 77 based on a council tax yearly bill of 1200 ( i dont know how much they actually charge yet)

LHA of £177.22 per week works out at £768 per month so your shortfall between LHA and the monthly rent could be £32 per month or about £8 per week. Not helpful but could be a lot, lot worse. Did you check the size of property that you were eligible to have as the age/sex of the children influences the bedrooms, and hence rate.

Contact the council now and find out what the council tax is. See if you are eligible for a single person's discount as dependents aren't included so you could be eligible for a 25% discount, plus it could be further reduced because of your low income.

It is imperative that you find out all your entitlements asap and all your likely future expenses as accurately as you can. Download and start completing the Budget Planner which is available on the tools section of MSE. That's a structured way of working out how much you have coming in and out of your purse and where you can make savings.

http://www.moneysavingexpert.com/banking/Budget-planning

Tulip09 wrote: »

I have spoken to my dad and he says he will help me out with the rent if i need it.

Hopefully it won't come to the stage where your elderly father is forced to support you because your husband won't honour his obligations. Your husband's decision to retain the current property is perhaps quite foolish as I assume this will consume quite a bit of his disposable income which he should be spending on his children.