Council house joint tenancy

catcoconut

Sorry in advance for the long post!

Right, i split from my partner of 13 yrs with whom i have a joint tenancy with Babergh council. I met someone else while i was still living with ex and he has a shared owership property.
I have 3 children with my ex and after we split it was obviously very difficult with me having a new partner and my ex not wanting to let go etc.
Long story short i felt i had no choice but to move in with my new partner as my ex refused to move out. My partner has a 2 bedroom flat and we currently have my 3 children (11,8 & 5) 4/5 days out of 7. They all have to share a bed in one very small room.
6 mths on and my partner is getting deeper and deeper into debt, he had loans, credit cards and a car on HP before he met me but as im not working he's having to support me and 3 children and he lost rental income each mth when his brother moved out of the flat then i moved in.
We're trying to think of ways to get out of this hole while im looking for work and one option is for us both move back into the council house so he can rent out his flat and start paying off some of his debts. My ex is not happy with this and says as i left him, i left my tenancy and i've made my choice but i haven't taken my name off the tenancy.
Ex says he can't afford to move out and PR and he doesn't want to lose the tenancy anyway. It was my tenancy in the beginning but we changed it to joint yrs later but i know this doesn't make any difference.
Ex says i can't have new partner living with me against his will and his new gf wouldn't like it either. Im not asking to move back into what was our bedroom and bed as there is a dining room which has been unused for last 2 yrs that i can make into a bedroom for me and partner.
I don't want to have to do this but i can't see any other option and i also feel i shouldn't have to struggle with 3 children in a 2 bed flat while my name is on a 3/4 bed house with massive gardens etc which also sits empty for long periods as my Ex works long hrs as a taxi driver.
Any advice would be greatly appreciated. Thanks

seven-day-weekend

I also don't see why the guy you left should give up his tenancy. He has lost his family, why should he lose his home too?

However because both your names are on the tenancy, you are both entitled to live there, so are your children. Your current partner isn't.

Go back to live there with your children, then your new guy can have a lodger in his second bedroom.

BigAunty

See the relationship breakdown section of the Shelter website which should give you some idea of your rights and options, whether you have the right to take up occupancy again because your name is on the tenancy.

See your social housing landlord's tenant handbook which will also give you pointers on how joint tenancies operate and can be ended.

InMyDreams

catcoconut wrote: »

one option is for us both move back into the council house so he can rent out his flat and start paying off some of his debts.

Leaving aside the moral judgements, I don't see how this is an option. I can't imagine that it's possible to live in council accommodation while owning and renting out another property.

catcoconut wrote: »

i also feel i shouldn't have to struggle with 3 children in a 2 bed flat while my name is on a 3/4 bed house with massive gardens etc

You didn't have to. You made a choice.

lighting_up_the_chalice

InMyDreams wrote: »

Leaving aside the moral judgements, I don't see how this is an option. I can't imagine that it's possible to live in council accommodation while owning and renting out another property.

Oh, but it is.

BitterAndTwisted

Of course it possible. It's against the rules but it's possible all right. You just have to take steps to prevent them finding out. I doubt that any social landlord has a department dedicated to cross-referencing that sort of information, even if it was easily-sourced. Which it isn't

gingergee

God knows what the kids are thinking and going through at the moment? I had to have counseling for ages as an adult over my parents splitting and the subsequent pillar to post way we lived for a while afterwards.
My advice would be to find a rental for yourself (as someone else said). Get your children back into a secure and stable routine. Then, if your new relationship has survived, take it slowly. Your children will respect you more in the future that way. Also, it may make things easier between you and your ex. Good luck in whatever you decide x

Hump

You've lived with your new partner for 6 months and you still categorise your financial problems as 'his' and not yours both together - you should BOTH get some money advice now see http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/PlanYourWayOutOfDebt/DG_187500

catcoconut

To say i don't deserve any advise is out of order. I've not gone into the circumstances surrounding my breakup with my ex as this didn't seem necessary. So what all your all staying is, because i've chosen to end a relationship and move on i should give my tenancy up and just rot with my new partner who's working 70 hrs a wk to help us all. Who said you can't have a relationship with someone in debt!
Yes my 'poor old' ex (as quoted) is working long hrs but only after being unemployed for the last 5 yrs, he's a heavy drinker with several other issues not to mention not bothering to pay a penny in rent or c/t since i moved out so i can't see how my children would have been better off had i of stayed with him.
I was under the impression that as i've already got a council tenancy i wouldn't be able to privately rent and get H/B and CTB? How do i claim benefits to get help if im living with a full time worker?? I can't! If i go back to the house with the children i still wouldn't be able to get help to PR as i have a tenancy.
Thanks for your help, i feel great now.

marliepanda

Your kids are of school age. Get a job?

catcoconut

If only it was that easy!