Looking for a little advice...

BigAunty

gtcelica6 wrote: »

The tenancy is through a housing assossation, I am trying to get housed through them also, thats the catch

Is it the local council or the HA that is telling you that you will be classed as intentionally homeless if you take yourself off the joint tenancy? Local councils deal with homelessness applications and make the judgements over who qualifies for housing and who qualifies for advice.

Generally, social housing is provided to those in priority need, including the homeless, particularly those with dependents and those with disabilities. Single healthy adults tend to be much less of a priority.

I expect that their resources are limited and they can't provide an extra property for every household that has a relationship breakdown and probably have no legal obligation to house the person leaving the household.


I expect the council do try to steer certain non priority groups into moving into private accommodation. However, there is an appeals process with the council if you are not accepted as homeless and the Shelter website explains this. Your employment status is irrelevant to your homelessness status as far as I know.

You can take yourself off the tenancy agreement without any issues if your ex consents. I think you then you need to fill in a homelessness application with your local council and see if you qualify. As far as I know, it is the local council that has a statutory obligation to sort out homelessness and yes, they may then house the person in either a housing association property, council property, hostel or B&B, otherwise they may have schemes with with private landlords.

Perhaps Citizens Advice can advise you whether it is permitted for a council to consider someone leaving a tenancy because of a relationship problem can or cannot be classed as making themselves intentionally homeless. I don't know, I thought it was about leaving a property when there was no good reason to do so.

gtcelica6 wrote: »

..Seems a really stupid situation.

If I stop paying the bills and they dont get paid I will also be liable for them?

Only if they are in your name. That is why you need to cancel the accounts with them, ring up and give final meter readings and pay the final bills, get your ex to call and then arrange them in her name with her preferred suppliers.

Mr_Thrifty

Can you try and make up with her and move back home?

dancingfairy

If you can't move back to your old place then you are homeless surely? Get advice urgently from Shelter. Common sense would say that you should stay in the property if at all practical - if you can't then you're homeless?
Also I would be very careful about paying your ex in cash as she can easily deny receiving it and go after you through the CSA for it and you have no proof. Also you need to make sure that it is well documented that any money you give her - whether it be by standing order or whatever is for child maintenance and not a gift or anything. Get it all in writing if possible to avoid problems later on.
Best of Luck
df

gtcelica6

BigAunty wrote: »

Is it the local council or the HA that is telling you that you will be classed as intentionally homeless if you take yourself off the joint tenancy? Local councils deal with homelessness applications and make the judgements over who qualifies for housing and who qualifies for advice.

Generally, social housing is provided to those in priority need, including the homeless, particularly those with dependents and those with disabilities. Single healthy adults tend to be much less of a priority.

I expect that their resources are limited and they can't provide an extra property for every household that has a relationship breakdown and probably have no legal obligation to house the person leaving the household.


I expect the council do try to steer certain non priority groups into moving into private accommodation. However, there is an appeals process with the council if you are not accepted as homeless and the Shelter website explains this. Your employment status is irrelevant to your homelessness status as far as I know.

You can take yourself off the tenancy agreement without any issues if your ex consents. I think you then you need to fill in a homelessness application with your local council and see if you qualify. As far as I know, it is the local council that has a statutory obligation to sort out homelessness and yes, they may then house the person in either a housing association property, council property, hostel or B&B, otherwise they may have schemes with with private landlords.

Perhaps Citizens Advice can advise you whether it is permitted for a council to consider someone leaving a tenancy because of a relationship problem can or cannot be classed as making themselves intentionally homeless. I don't know, I thought it was about leaving a property when there was no good reason to do so.



Only if they are in your name. That is why you need to cancel the accounts with them, ring up and give final meter readings and pay the final bills, get your ex to call and then arrange them in her name with her preferred suppliers.

I have been told by the local council that I will be intentionally making my self homeless if I take my name off, it seems a real mess and very silly.

I have been told that if my names on the tenancy I am resposable for any bills on the property.

As I cant take my name off I am liable for the bills.

Sorry for not replying sooner but can only get on the internet through the week, thanks for all your replys.

gtcelica6

Mr_Thrifty wrote: »

Can you try and make up with her and move back home?

In an ideal world I would love this but we both want very different things in life and have spent 2 long years trying to find common ground.

gtcelica6

dancingfairy wrote: »

If you can't move back to your old place then you are homeless surely? Get advice urgently from Shelter. Common sense would say that you should stay in the property if at all practical - if you can't then you're homeless?
Also I would be very careful about paying your ex in cash as she can easily deny receiving it and go after you through the CSA for it and you have no proof. Also you need to make sure that it is well documented that any money you give her - whether it be by standing order or whatever is for child maintenance and not a gift or anything. Get it all in writing if possible to avoid problems later on.
Best of Luck
df

You got it in one, and I have said this to them a dozen times, sat outside the council buildings for hours in my car.

But as long as my names on the lease then Im not homless.....

If I take it off then they will not help at all.

I cant stay in the property, it would result in my ex getting very upset as it's "her place" now and the police will be called, trust me I have tried and spent a day with the police... Im not nasty or violent at all, it's a joke!

gtcelica6

sonastin wrote: »

Does your son stay with you 3/4 nights a week where you're currently living?

You need to prioritise and take this one step at a time. Get a roof over your head (proper roof not a sunroof!). Get yourself off the tenancy. Sort out a proper maintenance arrangement with your ex so you don't have to pay more than your share. Save up for somewhere else to live where your son can come and stay over.

You never know, once you are set up in a house-share, your housemates might be understanding and let you have your son over despite what the official line is on guests. Camping on an air bed on Dad's floor every once in a while can be an adventure for a kid.

And as for the half-bills on the ex's flat. OK so you want to pay for your son but technically, she isn't - if there are 2 of them living there and they each use half of the gas, electric, etc then she should pay her half + half for him (i.e. 3/4) and you pay half of his half (i.e. 1/4). Even if this is just a short term arrangement until you are back on your feet, it is a fair way to look at what you should be contributing to the roof over his head.

No he is not staying with me in the car, but if I do find a place I will have him 3 then 4 nights a week. another catch 22 with the likes of Child benefit and WFTC??

I want somewhere for me and my son, for him to feel welcome, we are as close as it gets, spent from Saturday and Sunday 7am till 7pm together and it brakes my heart not being able to do any more..

Thank you for your help!

G_M

1) have you taken the advice offerred here several times and contacted Shelter? What did they say?

2) Visit your local CAB too for advice.

3) Unless there is more you are not telling us, I find it starnge the police will not allow you into your own home. Either there is a criminal element to this (violence or threats of violence etc) or it is a civil matter and the police will not get involved.

4) Returning home may be the only option. If, as you say, the police deny you entry, and/or your ex gets a court injunction denying you access, then you ARE homeless. If you simply stay away because you and your ex "want different things", well that is a matter of personal choice so yes, you are not homeless.

gtcelica6

G_M wrote: »

1) have you taken the advice offerred here several times and contacted Shelter? What did they say?

2) Visit your local CAB too for advice.

3) Unless there is more you are not telling us, I find it starnge the police will not allow you into your own home. Either there is a criminal element to this (violence or threats of violence etc) or it is a civil matter and the police will not get involved.

4) Returning home may be the only option. If, as you say, the police deny you entry, and/or your ex gets a court injunction denying you access, then you ARE homeless. If you simply stay away because you and your ex "want different things", well that is a matter of personal choice so yes, you are not homeless.

1, Homeless contacted - Some of there reply - As I also advised, you are currently not homeless as you are on the tenancy agreement for the property with your ex partner. If you are not willing to reside at the property you have a legal right to occupy, All I can really do is advise you to seek legal advice with relation to your tenancy agreement.
I appreciate the situation you are in but this is for people who are homeless and as you are on a tenancy agreement you are not homeless.

2, I am waiting for an appointment with CAB, 2 weeks to go and I will see what they say, would love to use the pop in but work the best part of a 12 hour day.

3, my ex partner contacted the police when I went in to the property and I refused to leave, I recorded the whole situation and the police took my phone off me for inverstergation for 3 months, came back and dropped any and all of the charges they tried to bring towards me.

4, court injunction is not what I want as I will not be able to go near the house to see my son and will make my life hell.

I would like to say thank you but you dont seem to helpful, just seem to have your own opinium about me.....

My question really is, is there anyway of taking my name off the agreement with out putting me in more mess?

Raspberry_beret

Well, it sounds like the council won't help you so imo, you need to resolve the situation yourself in various stages, it won't all get fixed in one go. You really can't keep living in your car as the weather is getting colder though.

Firstly - take yourself off the tenancy at your ex's place and stop paying the bills. Yes, the council will consider you intentionally homeless and won't help but at the moment you are not considered homeless at all so there seems no benefit at all to remaining on the tenancy.

After that you should get yourself a room in a house share. I know you won't be able to have your son overnight but see it as a stop gap, at least you would be able to have your son round to dinner and as someone (sorry, can't remember who!) said, you might be able to get your housemates to agree to your son staying in your room one or two nights a week which would be better than nothing.

Once you are in your houseshare, ditch the gym and anything else you don't need and save up like crazy to afford a deposit on a flat. You probably don't even need a 2 bed as you could sleep on the sofa when your son is staying or share the bedroom with him. Furnish the flat from freecycle or ebay - all you need to begin with is a mattress and a couple of beanbags to sit on.

I know the above probably does over simplify things a little but I think the first thing is to get yourself a room over your head even if that roof isn't ideal.