Separation advice

LittleAoife

Hubby And I separated before Christmas and everything went Pete tong. He left the family home and two weeks ago he said he had made a mistake and wanted to come back. We have done nothing hut argue and bicker since and I really don't want the kids to see this so I have moved into my kids bedroom ( they have a double bed as one of their bunks so I'm sharing that with dd) he is residing in what was our marital bed and although I have politely asked home to leave he will not as ' he is also on the tenancy and has as much right to stay as I do'. I can't afford to leave, this place has cheap rent and cheap tax etc and is fairly easy for school etc. he will not leave so I phone the council and asked their advice re the house.
They advised me that
1. To apply for housing benefit as a single person and this will cover half of the rent ( I am a student and my student income is very low).
2. Tell him to apply for housing benefit to cover his half
3. To apply for all other benefits in my name also as a single person.

So I have done all of this but I have just read on another site that tax credits will consider this to be fraud.
I'm now really in a state and upset as that is not what I want to do. He has not got a job and will not contribute so if I don't claim tax credits I can't afford to pay for nursery and get school meals etc for the kids and in won't be able to go to uni / work ( my working hours are part of my course).
I'm at a loss as to what I can do, he is not violent or abusive and I can't force him to leave/ get a job/ help me.
I've tried to work things out but he just ignores me or shouts and I just can't bare for the kids to be witness to it.
What can I do.
We are in separate rooms, I'm paying all the bills, we have separate laundry/ food/ living expenses although share care of the kids ( when not in childcare paid for by me).
Please advise me.

beautiful_ravens

Woah.
He or you needs to get out. As you say, benefits and such is just incredibly complicated. Ideally, he needs to find somewhere else to live.

Read your tenancy agreement.
Im almost 99% sure I got my ex-partner taken off the joint tenancy without him being part of the process.
Heres my suggestion. If you are on good terms with the landlord or agent, tell them you want to end the joint tenancy, but tell them also you want to resume it as sole tenant. A JOINT tenant can do this, it ends the tenancy for both tenants. Just be careful & make sure that you will be able to get sole tenancy in the same house with no problems.

If and when that is done, you of course have every legal right to get him removed, just be aware that he can do the exact same ^ thing to you.

Look up links RE ending joint tenancy
http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=7&sqi=2&ved=0CFMQFjAG&url=http%3A%2F%2Fwww.nhas.org.uk%2Fjoint_tenants.pdf&ei=HsjmUoBRja_sBqXJgKAG&usg=AFQjCNFnw3UCX20xG_-UPFBQafxGyvCFrw&bvm=bv.59930103,d.ZGU

Kynthia

beautiful_ravens wrote: »

Woah.
He or you needs to get out. As you say, benefits and such is just incredibly complicated. Ideally, he needs to find somewhere else to live.

Read your tenancy agreement.
Im almost 99% sure I got my ex-partner taken off the joint tenancy without him being part of the process.
Heres my suggestion. If you are on good terms with the landlord or agent, tell them you want to end the joint tenancy, but tell them also you want to resume it as sole tenant. A JOINT tenant can do this, it ends the tenancy for both tenants. Just be careful & make sure that you will be able to get sole tenancy in the same house with no problems.

If and when that is done, you of course have every legal right to get him removed, just be aware that he can do the exact same ^ thing to you.

Look up links RE ending joint tenancy
http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=7&sqi=2&ved=0CFMQFjAG&url=http%3A%2F%2Fwww.nhas.org.uk%2Fjoint_tenants.pdf&ei=HsjmUoBRja_sBqXJgKAG&usg=AFQjCNFnw3UCX20xG_-UPFBQafxGyvCFrw&bvm=bv.59930103,d.ZGU

I'm sorry but no sensible landlord would get involved in the relationship of their tenants, particularly if it involves getting rid of the tenant who has a job and income. Plus the OP can only give notice to end the tenancy for both of them if they are in a statutory periodic tenancy and not a fixed term.

I don't know if womens aid or the CAB could give advice.

FBaby

How did you pay for things before? If he doesn't work and you're a student, aren't you claiming HB and tax credits now together? If so, are you saying that it all goes to his account and he doesn't want to pay for anything?

If that is the case, change the details so it comes into your account. You say that you don't want to move, but in the end, you will be better off financially moving out and not having to worry whether you are committing fraud or not.

It is quite amazing that you were advised that you could both claim as single people. You just need to read the benefit threads to see that if you were married and still living together, they would expect to see evidence of one doing everything to find accommodation elswhere and would only accept that both are still staying under the same roof on a very temporary basis only.

Delree

It sounds like a council house if so you have an assured joint tenancy. This is tricky to unpick indeed.
I'm afraid Ravens will have given you false hope that can simply remove him from the tenancy without involving him. If this were actually the case there would chaos with people screwing each other over left, right and centre. I'm afraid that without his signed consent you're going to court.
Ravens is right though that either one of you can give notice on the tenancy but if he does and you catch it in time you should be able to reinstate it.

jetplane

Living together can be complicated for benefits and tax credits as the default is usually to presume you are a couple. You can claim benefits in your own name but expect to have to answer questions about your living arrangements etc. Are you actually separated and your relationship ended or are you in an unhappy dysfunctional relationship? If your partner is withholding money from you then this is a separate issue and not a reason to claim benefit as a single person. If a decision to be made to refuse benefit then you will need to challenge this.

This forum will give you conflicting opinions and you really need to get professional advice. However if you have decided to separate then you need to have a date of separation and although not absolutely necessary it is a good idea to have a legal separation document when still living under the same roof. Particularly if your husband refuses to claim benefits in his own right and insists that you are a still couple.

LittleAoife

Just spoken to housing today and I am able to apply for my 50% of the rent to be covered by housing benefit, ism already council tax exempt as I am a full time student. However tax credits is proving far more difficult, the thing is I have done a calculation and the amounts are the same, I will get the same amount on my own as we claimed as a couple. I am no better/ worse off either way except that I will not get any help with the childcare ( provided by uni not tax credits). He has also just been offered a job but it doesn't start for 8 weeks. Hopefully he will save up and move out. I'm hating living like this it's unbearable, I just want to be able to have an bath and sit where I want etc and instead I feel like I have to go to bed early all the time to avoid him staring at me and ' hanging around'.

LittleAoife

Delree wrote: »

It sounds like a council house if so you have an assured joint tenancy. This is tricky to unpick indeed.
I'm afraid Ravens will have given you false hope that can simply remove him from the tenancy without involving him. If this were actually the case there would chaos with people screwing each other over left, right and centre. I'm afraid that without his signed consent you're going to court.
Ravens is right though that either one of you can give notice on the tenancy but if he does and you catch it in time you should be able to reinstate it.

Yes it's housing association, we became joint tennants last year. I was a single tennant but last year he asked to be added and they said yes as he had been here for a year so was entitled to do that.

Delree

LittleAoife wrote: »

Yes it's housing association, we became joint tennants last year. I was a single tennant but last year he asked to be added and they said yes as he had been here for a year so was entitled to do that.

I'm afraid you're in a tough situation.

It sounds like you're doing well on switching benefits over but I'm concerned about the 50% of the rent thing. Is he doing anything to cover the other 50%? If not this is dangerous because rent arrears will stack up and you both will be responsible (despite you paying "your" half of the rent).

Also will your new status change how you are, or how aren't, affected by the bedroom tax?

jetplane

LittleAoife wrote: »

However tax credits is proving far more difficult, the thing is I have done a calculation and the amounts are the same, I will get the same amount on my own as we claimed as a couple.

Whether you are better off or not you have to claim tax credits according to your status. If you are claiming benefits as a single person you must claim tax credits as a single person otherwise it will be a fraudulent claim and you will be asked to repay it.

I also don't understand the 50% rent as you are jointly liable for the full amount. Were the LA under the impression that you are joint tenants ie have separate liability?

LittleAoife

jetplane wrote: »

Whether you are better off or not you have to claim tax credits according to your status. If you are claiming benefits as a single person you must claim tax credits as a single person otherwise it will be a fraudulent claim and you will be asked to repay it.

I also don't understand the 50% rent as you are jointly liable for the full amount. Were the LA under the impression that you are joint tenants ie have separate liability?

No they explained that we are jointly responsible but I could claim housing benefit for my share of the rent, of course if he does not pay his share I will have to just pay it or I will end up in arrears. I'm sure if he starts work he will pay his half.