Joint Council Tenancy

Lindaim

My adult children and I have had a Joint Council Tenancy for the past 20 years. Household bills are split 3 ways monthly, all the bills are in my name.  I am a pensioner.  My son was made redundant during the first lockdown, although he continued to pay his share of household bills to me, but for the past four months he's paid nothing.  Although I'm willing to support him temporarily he refuses to claim housing benefit, which is a mega issue  This has led to considerable conflict and upset and the relationship is deteriorating fast, although he doesn't seem to care.  He also refuses to discuss his employment prospects and sits in front of the TV all day with his mobile phone.  In short he has adapted to his layabout lifestyle 100%.  Itt seems there's nothing I can do about it, or is there?  How can I get him to leave without jeopardising the tenancy? 

HampshireH

Are you genuinely all joint tenants?

It's quite unusual.

Or are they listed as occupants?

If indeed they are joint tenants then they have as much right as you to be there. Your are all 100% liable for the rent and so as long as it's paid it doesn't matter who pays it in the Council's eyes.

Your son voluntarily removing himself from the tenancy shouldn't cause an issue but you won't be able to get him removed. Just like he wouldn't be able to get you removed.

In terms of housing benefit. If there is sufficient income into the house then I'm not sure he would get it anyway but that's probably better for a benefits expert I may be massively wrong.

Caz3121

There are generally no new claims for housing benefit (a few exceptions) he would be required to claim universal credit for benefit help

Norman_Castle

How old is he? Turn the tv off, he doesn't fund the licence or electricity. Change the wifi password and stop him charging his phone. Tell him you're introducing him to the adult world.

Lindaim

Thank you for your comments, all of which are sound.   It seems this is more of a domestic problem than a housing one. 

Ratkin007

Check your tenancy.  Tenancies are not usually parent and child or more than 2 persons. 
It is possible it's a joint tenancy with the 3 of you, but more likely you are the tenant and the others listed as occupants. If your son is a tenant he may be able to claim Universal Credit housing costs. Is your other child able to speak to him.

AlexMac

Don't underestimate your son's problems.  Encoragement and patience might be better than ranty threats?

Our grand daughter was made redundant during lockdown; really hit her hard. Vegged our (actually pigged out - veg would have been OK). Stacked on weight, Let her teeth go to blazes. Put on sevral stone in weight...

Luckily we are her Landlords, so we didn't stress that she couldn't pay full rent when the wages dried up (although she dutifully passed on the lodger's share of rent)...  We kept our distance...

But it got better; got another job, got a grip of her diet, (lost 4 stone / three dress sizes) and despite continuing glitches, is well on the mend...   Paying her way now, but it was  risky for a while

Throwing your son out might not be best?  Heavy manners encouragement might be better

Has he read this thread?

AdrianC

Lindaim said:

Thank you for your comments, all of which are sound.   It seems this is more of a domestic problem than a housing one. 

It sounds as much a mental health one as anything, as per @AlexMac

theartfullodger

Who is named as tenants on the written tenancy agreement, please?

TBagpuss

As others have said, the key issue is whether he is actually named as a tenant on your tenancy agreement - check the documents and if you don't have them / can't fid them, ask the council who should be able to clarify.

If he isn't, then you can tell him to leave (or give him a deadline within which to apply for UC or leave)

If the relationship deteriorates to a degree where  you feel unsafe then you could apply for an injunction order (non-molestation and occupation order) - the 'occupation order' part means that a court can force him to leave the house. Injunctions don't alter the terms of the tenancy but if he moved out then he might have an incentive to agree to remove his name, so he was no longer liable for rent. You don't have to wait until he becomes physically threatening or violent, and can also be on the bass of less direct abusive or controlling behaviour. 

Where are your other adult children in this? Have they spoken to him or offered to make up the shortfall?  If you are all on the tenancy then you will have joint and several liability for the rent, so they are just as responsible as you are for ensuring that it is paid. 

Are you buying / cooking food for him? Cleaning his bedroom? If so, perhaps you can stop doing those things.