Moving out of joint tenancy need advice

Kittyrules

If my husband wanted to stay at our house and I asked to come off the tenancy we are joint so he can claim benefits to pay rent but I stayed two nights a week as I need to work there and I stayed with someone else the rest of that time is that legally okay?
The person I am staying with said I don't need to be on their tenancy they rent but pay all bills etc but I would need a legal address for work etc is that okay? It sounds like it wouldn't be okay to me but yeah I don't want to get in trouble being there or him to be in trouble

My friend seems to think as long as she pays the full council tax it is fine we don't tell her landlord as she pays all bills for the flat but would this be an issue if I wanted to claim tax credits for example?

G_M

Are you asking about how to come off your current tenancy, or how/whether to go on the new one?

Re the current:
* is it in a fixed term? If so, end date?
* is it periodic? Monthly?
* would the LL be happy to have just your husband as sole tenant? Having 2 joint tenants provides better security for the LL - 2 incomes, and 2 peopke to chase for arrears etc
* as husband is on benefits, this might add to the issue above
* would housing benefit pay the full rent on a sole tenancy?

There are 2 ways to do it:
* ask to surrender (end) the current tenancy. Then husband signs a new tenancy in his sole name. Landlord may or may not agree
* Vary the existing tenancy with a Deed of Assignment,so your name is removed and the existing tenancy continues in your husband's sole name.

As for the new property:
* if you're not on the tenancy there, OR at the old tenancy, where will you claim benefits? What address will you use for tax? banks? DVLA? etc

What exactly is the reason for this? What are you trying to achieve?

LittleMax

Are you separated from your husband or are you still a couple?

If you are still a couple it is definitely not OK for your husband to claim benefits as a single person.

If you are separated then in theory what you describe in relation to benefits is OK - but expect lots of questions and investigation in relation to your husband's benefit claim.

In terms of moving in with your friend, they should let the landlord know and get permission for you to be there. Whether the landlord will allow you to be a permitted occupant or to go on the tenancy agreement will be down to them.

If you are thinking of applying for social housing, they will want to know why you gave up a tenancy, and may band you as they would when you were on the joint tenancy with your husband.

Kittyrules

My husband works and he can pay the rent alone but he would not really have enough money to live for example to get to work as our rent is really high

We are splitting up but I want this to be best for both of us. I can not afford right now to get anywhere as I an not save etc my husband works full time in our area I do a few days so it is better he is there and I am here but the commute is a lot so ideally I need to be there 2 nights a week

I don't want to really say or do anything until I know we are all covered as my friend is all just move and put this as your address it is fine

LittleMax

Kittyrules wrote: »

My husband works and he can pay the rent alone but he would not really have enough money to live for example to get to work as our rent is really high

I would put the details for your husband into a benefit calculator first. If he is single with no disabilities and working full time it is unlikely he would qualify for benefits anyway.

The fact that the rent is high is not relevant to the claim, housing benefit is calculated on an average rent in your area, and only for the size you need.

I don't know how old you are but if your husband is under 35 he would only get shared accommodation rate - ie even on full housing benefit only the rent of a single room in a shared house.

Kittyrules

LittleMax wrote: »

I would put the details for your husband into a benefit calculator first. If he is single with no disabilities and working full time it is unlikely he would qualify for benefits anyway.

The fact that the rent is high is not relevant to the claim, housing benefit is calculated on an average rent in your area, and only for the size you need.

I don't know how old you are but if your husband is under 35 he would only get shared accommodation rate - ie even on full housing benefit only the rent of a single room in a shared house.

He isn't and I have put it into the calculator and it said he would get help?
So once he turns 35 he wouldn't get help? this is so confusing I have no idea what to do really

LittleMax

Once he turns 35 he gets a bigger payment as they will pay the rate for a one bedroomed flat. Under 35 they will pay the rate for a room in a shared house.