UC joint tenancy not with partner HELP

kittykat20

Hi, this might be long so bare with me as i try to explain the situation. i have 3 children 2 of which is disabled, 1 severely disabled and requires around the clock care. The house we currently live in is absolutely not suitable and now a hazard to my childs health.
I have been trying to move for a while but no where will accept as im on benefits.

 Recently my kids' dad was served an eviction notice and has to the end on November to move out, he was going to stay with us until he is able to save and find a new property for himself. This is where my dilemma lies, I went to view a house when they asked who would be living in the property I told them my 3 children and for a period of time my children's dad. They accepted the application and I think this is where things have got mixed up as they want him on the tendency agreement or else they will withdraw. They've told me he can be removed when he leaves.

My concern is how this will 1, effect my Universal credit with him being on the tenancy as we are not in a relationship and 2, once he finally moves out and I ask for him to be removed will I then be evicted? As you can imagine this has caused immense amount of stress. Can anyone help me out with how this will work? Will I have to withdraw the application? If he does go on the tenancy can I be evicted when he leaves? How will this effect UC? I got advice before I agreed for him to say that it would effect the housing element but I fear with being on the tenancy it will effect it all?

huckster

1) it may look to UC that you are living together similar to a married couple. Joint tenancy may give impression of joint finances.
Does your ex partner claim benefits?

2) no you would not be evicted unless you had difficulty paying the rent. But it depends on terms of agreement you have agreed to. What does it say about what happens if one of the joint tenant moves out?

Can you afford the rent if your ex partner stops paying? UC might not include full rent amount.

kittykat20

See thats what i thought, I got advice from CAB and they said it would be ok if he stayed for a few months and UC would deduct housing payments but that was before the landlord said about him going on as a joint tennent. He does not to my knowledge claim any benefits. 

Yes I can afford the rent on my own thay fortunately not an issue. Ive been desperately trying to move house for over a year now and this is the first one ive actually been accepted for. My daughter was approved for over night carer 2x a week and we can't even get it as theres nowhere for the carer to go and im currently sharing a room/bed with my 2 disabled children.

I honestly dont know how I can go on any longer living here but I fear im going fo have to pass up on this house now 😩 

peteuk

Can you prove you are living separately eg own bank accounts, own food etc… this is the advice given to couples who split but remain in the same house, so therefore you should be able to do the same.  Explain that the landlord wants him on the rental agreement and that once he moves out you’ll amend it accordingly,

huckster

peteuk said:

Can you prove you are living separately eg own bank accounts, own food etc… this is the advice given to couples who split but remain in the same house, so therefore you should be able to do the same.  Explain that the landlord wants him on the rental agreement and that once he moves out you’ll amend it accordingly,

Exactly evidence needs to be available should DWP question the living arrangements.

kittykat20

peteuk said:

Can you prove you are living separately eg own bank accounts, own food etc… this is the advice given to couples who split but remain in the same house, so therefore you should be able to do the same.  Explain that the landlord wants him on the rental agreement and that once he moves out you’ll amend it accordingly,

What would I need to provide? Being the one house the bills like electricity, rent, Internet ect would be coming from my account as id be paying them whether hes there or not and while hes living there he would be paying his share of the rent and he pays a small amount towards the children as he always has. Everything else, all his own bills and food ect would be his own and coming from his own accounts. 

sammyjammy

As long as you can explain things I see this as no different to you sharing with anyone else, whilst he is on the tenancy he will be expected to pay his half of the rent.  I assume there is enough bedrooms for him to have his own room?  You'll just declare a change of circumstances for the rent when he moves out.

born_again

kittykat20 said:

peteuk said:

Can you prove you are living separately eg own bank accounts, own food etc… this is the advice given to couples who split but remain in the same house, so therefore you should be able to do the same.  Explain that the landlord wants him on the rental agreement and that once he moves out you’ll amend it accordingly,

What would I need to provide? Being the one house the bills like electricity, rent, Internet ect would be coming from my account as id be paying them whether hes there or not and while hes living there he would be paying his share of the rent and he pays a small amount towards the children as he always has. Everything else, all his own bills and food ect would be his own and coming from his own accounts. 

You will need to provide statements, which have each of your names on. As it would be a joint UC account you would need to do that anyway. So they can see who is paying.

Spoonie_Turtle

born_again said:

kittykat20 said:

peteuk said:

Can you prove you are living separately eg own bank accounts, own food etc… this is the advice given to couples who split but remain in the same house, so therefore you should be able to do the same.  Explain that the landlord wants him on the rental agreement and that once he moves out you’ll amend it accordingly,

What would I need to provide? Being the one house the bills like electricity, rent, Internet ect would be coming from my account as id be paying them whether hes there or not and while hes living there he would be paying his share of the rent and he pays a small amount towards the children as he always has. Everything else, all his own bills and food ect would be his own and coming from his own accounts. 

You will need to provide statements, which have each of your names on. As it would be a joint UC account you would need to do that anyway. So they can see who is paying.

Would it, if they're housemates rather than living together as a couple?

sheramber

Is it a joint tendency or do you both have a tenancy agreement?