Housing Benefit & who is liable for mortgage?

The4thTombliboo

I am in abit of a complex situation. In a nutshell, husband and I own a house which we rented out and moved into his mother in laws. He is abusive, and things have really come to a head, but, I have no where to go as I cannot even go to a refuge yet without Legal advice as to whether id get housed as I own a home. At the same time, I have to move out of area if I go to a refuge as the risk assessment came back too high.
Failing being able to go to a refuge, I will have to return "home" - the house is in both names, so, if I got housing benefit to cover partial interest, do I get 50% as it is in joint names, or all because I am the only one living there? Do they expect soon to be ex husband to keep up 50% payments? I cannot trust him to do this, and I cannot lose my home

The4thTombliboo

*my mother in laws - his mothers house!

NotSuchASmugMarriedNow

i don't think housing benefit is for paying mortgages, sorry, i think it is only for paying rent.

Sorry to hear you're being abused. It will take a long time to legally remove the current tenants from your home. Can you not go into a refuge whilst you work on this?

The4thTombliboo

Refuge means moving the kids (3), then I am homeless if I cannot remove tenants! I do know housing benefit pays you mortgage interest (up to 3. something %) after 13 weeks, but, as the house is jointly owned I didn't know if they would only contribute towards half of it.

NotSuchASmugMarriedNow

I'm confused. How can you move back into the house, whether you move there from where you are now or whether you move there from a refuge if there are tenants in there. Either way, they have to be given notice.

Why did you move out in the first place?

real1314

The4thTombliboo wrote: »

Refuge means moving the kids (3), then I am homeless if I cannot remove tenants! I do know housing benefit pays you mortgage interest (up to 3. something %) after 13 weeks, but, as the house is jointly owned I didn't know if they would only contribute towards half of it.

Right, you're making some big decisions, so you need to make sure you know what will happen re benefits, housing etc.

1. Housing benefit DO NOT pay mortgages. They only pay rents. (caps for emphasis)

2. Mortgage Interest can be paid through Income Support, Jobseeker's Allowance, and (*I think*) Employment Support Allowance (and Pension Credit but I'd guess that doesn't apply).

Other's can give you up-to date advice on Mortgage payments for the relevant beneift, it might be an idea to edit the title or re-post with the correct benefit mentioned. :cool:

Wee_Willy_Harris

Your safety and that of your children should be your primary concern right now. The situation with the house may take months, even years, to resolve and, from the risk assessment carried out, you simply do not have that sort of time available to you. You should contact your local Women's Aid organisation (or similar) at your earliest opportunity. Get yourself and your children to a place of safety, then worry about everything else from there.

You are gambling a house against your safety. It's not worth it. Life or property? I know which I would rather lose.

lynzpower

Have to agree With Wee Willy, please, your health and life is more important than a pile of bricks.

Please go to the refuge the rest can be sorted out at a later stage.

nannytone_2

even if you are homeless... with 3 kids, the local authority will NOT allow you to have nowhere to sleep. even if it is a hostel or a B&B...you will have somewhere to go. as has been previously said, the safety of yourself and your kids is of primary importance. the rest is just 'stuff' that can be sorted later.
good luck!

MissMoneypenny

Agreed, get you and the children to a rescue.

If the tenants are out of their fixed tenancy or coming to the end of that fixed term, then get your letting agent to give them their 2 months notice (section 21). If you don't have an agent, then ask how to do this on the renting board. BUT, make the safety of you and your children your top priority and sort out about getting to a refuge.

BigAunty

A joint mortgage means either or both of the owners are responsible for paying the mortgage and the lender can chase either or both for arrears. There is no '50%' payment by each party in their eyes, even if you have this personal arrangement with the other owner. They do not have to identify who, out of multiple owners, are responsible for not paying - arrears are arrears.

The Shelter website will have info on how to avoid repossession and details of the various govt schemes to prevent repossession, and Women's Aid should be able to help you with your complex accommodation and benefit needs, plus the lawyer with a settlement of who can live in the property, etc.