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Council Housing Entitlement When Seperating - Please Help!

edited 30 November -1 at 1:00AM in Housing benefit help
19 replies 2.8K views


  • mimi1234mimi1234 Forumite
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    pmlindyloo wrote: »
    Your OH has 'matrimonial home rights'.

    He does have these. Someone can't expect the other half to leave the property because they are separating/divorcing.

    Do you have a Housing Options / Housing Advice centre for your local Council? Perhaps Google a contact number and get him to call them once they are open as they will be able to give you advice and further options. It will most likely be look at housing associations and private rentals (they may be able to help with a bond).

    I am sure he will be able to apply for a Council property. The Council cannot turn anyone away (well not our Council anyway). If he has medical issues, he may get some kind of priority for this, but generally single males with no dependants rarely get properties unless they pick areas that are not popular (generally filled with unsavoury sorts that like to use needles and such like, sorry if I am being horrible, but this is a fact with our local Council).

    Also, try and Google housing assocations in your area, they tend to have more properties available on the whole, but their rents and service charges are a lot higher than Council properties.

    Good luck and I hope you find a suitable solution.
  • my partner and i were in a similar position. he is getting ESA and living in a room with shared facilities all bills paid for in his rent. He gets help with his rent which is £90 a week he receives £70 towards it im told. but its not a nice place to live its dirty, hardly any of the facilities work or are bordering on dangerous and nobody from the council seem to want to know. he suffers from a mental illness and as been told that if his landlord throws him out that he would be classed as priority and given council accommodation. His landlord gave him notice to vacate his room last week because he as reported him. so he went to the council only to be told that he no longer is priority due to him not sending them the forms they sent to him, he has never received these, he thinks its that the landlord as been withholding them but as no proof but it as been known that he has done this before. Anyway he as no where to go and i have been thinking of taking him in as a lodger but the only thing that holds me back is been accused of cohabiting, even though i dont get any benefits i think there is a clause in my mortgage. also my home insurance may be affected. but it may be something you could do.
  • If we go down the private rental route, will it be possible for him to rent somewhere with no income? I can be a guarantor and could pay several months rent in advance if necessary, but what is the likelihood of anyone agreeing to rent him a place if he has no income? He wouldn't be able to apply for housing benefit until he has somewhere rented, so I'm just concerned about how the hell we're going to do this!
  • pmlindyloopmlindyloo Forumite
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    I do understand what you are saying.

    It seems that this relationship is making you very distressed.

    You haven't said anything about what your husband wants to do or is he totally apathetic about it all?

    Could you enlist your OH's family support? Could he stay with them temporarily?

    Would he accept a temporary separation for 6 months?

    If he would then you might find a LL who would accept 6 months rent up front and then your OH could pay you back when he gets his HB.

    I am wary about you paying for everything since this could go on for ever and he would never become independent.

    Did you say that he had some savings so that he can use these for deposit, bills, food etc.?

    Sorry I am not being very helpful but I can't 'read' your husband's personality.
  • edited 27 August 2012 at 9:11AM
    anastasia666anastasia666 Forumite
    43 Posts
    edited 27 August 2012 at 9:11AM
    My husband is very upset about all of this. He wanted to try to sort things out, but I've told him that its not possible while he's here, as things would go back to the way they were. He said the other night I'd be better off without him.

    Well I have the bulk of the savings, he has around £2000. But it would be split 50/50, so I can take the money out of my ISA for him. But that's all he's got. I'm worried about him blowing what little money he would have. Would he even be entitled to housing benefit, given he has the legal right to stay in this house?

    I am upset about all of this. I've never cried so much in my life, but I need to do this otherwise I will be unhappy for the rest of my life. There are many issues with our relationship. One is that I would like children & he has said that he will never be able to cope with a child, & that the marriage is over if I insist I would like to have a child. If our relationship was good, like it used to be, then I could live with this. But its not. And my clock is ticking.

    He can't stay with family. He stayed with his dad for a week & his dad said he couldn't stay longer. His dad said he needs to stand on his own 2 feet & take some responsibility. But I'm scared at how he can do this. I wish they'd given him the higher tier medical retirement. At least then he'd have something to say he's not fit to work.

    My worry is that he will end up in a horrible dump, & will give up completely & just rot there. I can't bare the thought of that.
  • In terms of what my husband is like - he stopped getting paid in May. I filled in half the application form for ESA & sent it to him to fill in. He tried once, got confused / tired & left it until yesterday (after his dad & me both pushed him to do it). Hence him having no income. This is what I'm dealing with. I think he thought I'd always just be there to pay for everything & look after him. It's made me feel trapped, as I feel guilty for letting him down. I've given him a good lifestyle, what lifestyle will he have now?
  • pmlindyloopmlindyloo Forumite
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    There would be no problem your OH claiming benefits if you separated. This is very common. Marriages break up and even if there is a joint mortgage or ownership the one that moves out is entitled to benefits until the financial aspects are worked out.

    The issue of the house etc can be sorted out later.

    Of course this can all been done between yourselves if you agree, but if there are problems then you might need a solicitor.

    Would your OH agree to move out if you helped him with finding a place to live/being a guarantor/paying 6 months up front etc etc?

    Alternatively he could go to a B&B while he gets himself sorted out with applying for ESA and finding somewhere to live.

    It is difficult to suggest things because this is a very unusual situation.

    It is understandable that you are feeling guilty about what might happen to him because of his health issues.

    Have you been to the doctors and discussed with him/her how you are feeling and asked if there is any help/support for both of you?

    If you think that his health problems are at the centre of your relationship breakdown then perhaps the doctor can suggest some support groups.

    In my opinion you have 2 options (and I'm putting this bluntly, forgive me)

    1. Tell him to go, give him the money to get into a B&B and tell him you will help with finding a place, applying for benefits etc etc and then leave him to it.

    2. Or stick with him and get some help from the doctor/professionals to try and save the relationship.

    Neither are easy but I personally can't see any other way.

    I do wish you the best of luck as this is such a sad situation.
  • Thank you for all your help. He's going to ring CAB tomorrow to try to get some advice. I think he is willing to move out, but we need advice on our options first. It's an incredibly weird situation at the moment, as we are carrying on as if nothing has changed. I have this week off work so I think this is the best way to handle it at the moment. I just feel so sad & upset all the time. I know this is the right thing to do, but I feel like I'm abandoning him when he wouldnt do this to me. I wish I could get the feelings back. I really do.
  • CAB_Wyre_Forest_representativeCAB_Wyre_Forest_representative Organisation Representatives - Private Messages may not be monitored
    117 Posts
    Dear anastasia 666

    There is not too much that we can add to what has already been said by the very informative posts that you have.

    Step 1 is to find out what your local authority policies are regarding housing. They may have a large number of one bed properties that they can let to single people.

    Step 2 if they do not have any properties do they have schemes that help people move into private rented accommodation.

    Step 3 given all that you have said about his health and motivation you need to consider what other help he may need. Some Housing Associations offer differing levels of support. it sounds as though there may be an underlying mental health problem and a thorough diagnosis would be of great help to him in terms of housing and getting the support that he needs.

    Step 4 he needs to get some income. Even if he can rent somewhere privately he may be able to claim Housing Benefit but he will still need to pay for utilities and food.

    You will also need to check out with the local authority what their Local Housing Allowance is as that is the level on which they will pay Housing Benefit. will give you more information on housing benefit.

    He can also check his benefit entitlement by following this link

    You may also need to consider using some of your savings to help him set up home if you don't want him living in a dump. He will need furniture, electrical equipment etc.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
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