Renting a property with husband but he is not moving in

Masha_2

Hi, my husband and I are separated but for me to able to rent a place i need his income and we decided to have a joint tenancy, obviously he won't be moving. 
Do you think this is acceptable to do. I will be moving with our child. Thanks a lot

davidmcn

"Acceptable" in what way? It'll mean he's liable to pay the rent (which will affect his creditworthiness for everything else), and will have the right to live there (depends whether you trust him not to let himself in!).

Masha_2

davidmcn said:

"Acceptable" in what way? It'll mean he's liable to pay the rent (which will affect his creditworthiness for everything else), and will have the right to live there (depends whether you trust him not to let himself in!).

I mean whether is acceptable in the sense that is not wrongdoing. Cause he wants to stay at our property and I want to leave we thought this should be the solution. we are aware of the creditworthiness on this and his right to live in the rented property. 
 

davidmcn

Masha_2 said:

davidmcn said:

"Acceptable" in what way? It'll mean he's liable to pay the rent (which will affect his creditworthiness for everything else), and will have the right to live there (depends whether you trust him not to let himself in!).

I mean whether is acceptable in the sense that is not wrongdoing. Cause he wants to stay at our property and I want to leave we thought this should be the solution. we are aware of the creditworthiness on this and his right to live in the rented property. 

I can't see a reason why the landlord would care whether or not he actually lives there. Can you?

tacpot12

It would affect his ability to get help with his rent if he were to need to claim UC. It would be better if your could rent it on your own. Are you able to claim Universal Credit to get help with your rent? You can receive some help from Universal Credit even if you are working. 

You could check your entitlement using the benefits calculator at entitledto.co.uk

Masha_2

tacpot12 said:

It would affect his ability to get help with his rent if he were to need to claim UC. It would be better if your could rent it on your own. Are you able to claim Universal Credit to get help with your rent? You can receive some help from Universal Credit even if you are working. 

You could check your entitlement using the benefits calculator at entitledto.co.uk

Hi, Thanks. It's now a while looking on my own. although I'm eligible for UC and help on rent, approaching landlords and agencies , they are committed to their referencing process and were not able to offer even to have a viewing as they say I wont pass the reference process, Unfortunately.
I will still be able to receive that UC and rent for my share of rent as I learnt when inquiring. 

macman

Odd question: there is no legal impediment to taking up a tenancy and then failing to occupy, jointly or solely.
Bear in mind that should your ex change his mind about contributing to the rent, then you will both be jointly and severally liable for any arrears, not for 50% of it. He can also end the joint tenancy by giving sole notice.
With his name remaining on the tenancy agreement, you may well end up paying full CT, without the 25% SPD.

davidmcn

macman said:

With his name remaining on the tenancy agreement, you may well end up paying full CT, without the 25% SPD.

Don't think so, it should be based on actual occupancy. I have the right to live in a second property (but don't) - I'm not there for council tax purposes.

lincroft1710

macman said:

.
With his name remaining on the tenancy agreement, you may well end up paying full CT, without the 25% SPD.

Usually if a 2nd named person on a tenancy never moves in, then the 1st named is still entitled to the SPD

oldbikebloke

davidmcn said:

macman said:

With his name remaining on the tenancy agreement, you may well end up paying full CT, without the 25% SPD.

Don't think so, it should be based on actual occupancy. I have the right to live in a second property (but don't) - I'm not there for council tax purposes.

confusing example.
If it is a second home then it is subject to whatever rate the relevant council levies on second homes.
That has zero to do with SPD because SPD is available only on the main residence, which a second home patently is not 

davidmcn

oldbikebloke said:

davidmcn said:

macman said:

With his name remaining on the tenancy agreement, you may well end up paying full CT, without the 25% SPD.

Don't think so, it should be based on actual occupancy. I have the right to live in a second property (but don't) - I'm not there for council tax purposes.

confusing example.
If it is a second home then it is subject to whatever rate the relevant council levies on second homes.
That has zero to do with SPD because SPD is available only on the main residence, which a second home patently is not 

It's the main residence of the person residing there. I happen to own it.

Similarly, if the OP and her husband happen to have different main residences, that's what counts for council tax purposes, not the fact that the new tenancy agreement is in joint names.