Getting a mortgage these days is more difficult as providers do a lot more research into your financial standing, now & in the past. If you appear to be a poor credit risk they may turn you down, but there is no harm in trying. Do remember however that interest rates are currently at an all time low making for low repayments on a mortgage; the likelyhood is that interest rates will go up in the future. Your best bet is to approach a lender and see what they say. I do wish you luck.

Russell Conway

Oliver Fisher

I am confused and I think the housing association is as well!

I suspect they are trying to get your wife to pay off the arrears but there is no guarantee they would give a sole tenancy as a 'reward'!

I believe the only way the joint tenancy can be 'severed' and turned into a sole tenancy is with a court order. That means either you or our wife seeking a divorce and or a deed of separation or getting the tenancy transferred from joint to sole names under the Family Law Act 1996.

You need good local face--to-face advice about this - try the local CAB and/or Shelter and/or the council's housing options team. Meantime I suspect the joint tenancy will continue and you will both still be liable for any rent and rent arrears.

Good luck

Richard Paris

You are probably correct - in the private rented sector and now in social housing as well you would probably only get local housing allowance or HB for one-bedroom as that would be all you were eligible for. There are lots of exemptions, however, particularly if the children have any sever disability.

You should check by either making an appointment with the local council's housing options team and/or the CAB and/or any local advice service. You could also phone the local council's HB department and ask them for clarity.

Good luck

Richard Paris

Either they have allowed it or not. Have they written approving the swap? Have you considered the bedroom tax implications? If the Local Authority makes an unreasonable decision you could , of course, appeal it. It is very important you check out the Housing benefits implications of your proposed move. I do hope all goes well,

Russell Conway

Oliver Fisher

You need to move fast I suspect! As a joint tenant with your ex the real danger is that she serves a NTQ and thereby brings the whole joint tenancy to end.(NTQ is NTQ from both as you are both joint tenants! The council could argue you are still a tenant and hence are not homeless or can join the register or waiting list. You need to get quick legal advice about this potentially happening. Go to a law centre (if there is one) or lawyer/solicitor ASAP to get an injunction to stop any such NTQ being effective. You also need to get legal advice about 'intentionality' as wherever you have got advice from it may n ot be right?

Agreeing to take your name off the tenant may NOT BE INTENTIONALITY under Part 7 Housing Act 1996 (homelessness) - get good local face-to-face advice from CAB and/or Shelter and/or housing advice. Also ask the local council housing options service what their advice would be?

Good luck

Richard Paris

Difficult to answer without knowing more! Partly depends on whether when you first split up you or he had a council home in sole or joint names? Also depends on whether he intends to keep his council flat as his 'only or principal home' (called the 'tenant condition' and essential to preserve security of tenure or whether he intends to move in with you permanently and make your home his 'only or principal home'?

There is nothing inherently wrong in law with him staying over occasionally but be very careful about how it might be seen by any benefit agency like DWP or the council's own HB or council tax department.  If you are claiming to be a single parent and/or living on your own, they would look upon your partner moving in permanently as fraud!

Best to make an appointment with the local CAB and you both go and talk to them about how much 'sharing' and how much you are 'living together' or just seeing each other?

Good luck

Richard Paris

I am sorry about your situation. I suggest you gather as much evidence as you can from your son's school / social worker / support team / GP and make an appointment with the council housing options / transfer team. I reckon you have a good case for a high priority transfer as you need to move from your current home - read and suggest to the council s.166A of Part 6 Housing Act 1996 (which reflects s.167 of the law before it was amended.) It states 'reasonable preference' must be given to: those who need to move on medical or welfare grounds or grounds relating to disability & people who need to move to particular locality where failure to meet need cause hardship to themselves or others. (i.e. your child). How much priority you would get I do not know - it depends on how the local CBL/allocation system works?

You would also do well to see a good local face-to-face advice agency like the CAB and/or Shelter and/or a law centre to advocate on your behalf.

Good luck

 Richard Paris

Scottish law is very different from English and hence you need to see a local advice agency (CAB) for some good local face-to-face advice. BUT my best advice would be that as one of you (as joint tenants - true across whole of UK) is occupying the council house means legally you both live there in law. Which means he could insist on returning. If you are not happy about this you might need an 'interdict' under the Family Law (Scotland) Act 1996?

Assuming the children are staying with you most of the time, you are not under-occupying but even if the council were to give him a 1 bedroom, that is all he is probably entitled to. A lot depends on your relationship with him - nothing will require the council to give him more than a 1 bedroom even if he sees the children regularly or even has them to stay. I would also suggest going to the council maybe to see about getting the joint tenancy turned into a sole tenancy in your name alone. You maybe should also see a family lawyer locally about using the Family Law (Scotland) Act 1996 to turn the joint tenancy into a sole tenancy. Check out local agencies and maybe also ask the council what your options are?

Good luck

Richard Paris

Hi Paul

You can apply for a 2 or 3 bedroom property BUT I don't think you would qualify as your boys live their mum most of the time.

Social housing tends not to allow so-called 'absent parents' enough bedrooms to their children can 'stay over' - unfair but that is how it is.

Also the newly introduced 'bedroom tax/spare room subsidy' means you would only get HB for 1 bedroom not 2 or 3 and would have your HB entitlement reduced by between 14-25% if you were claiming benefit and not paying your rent yourself.

BUT I would ask City West what their allocation policy by phoning them and maybe also looking it up on their web-site.

Good luck

Richard Paris

Hi Paul

You can apply for a 2 or 3 bedroom property BUT I don't think you would qualify as your boys live their mum most of the time.

Social housing tends not to allow so-called 'absent parents' enough bedrooms to their children can 'stay over' - unfair but that is how it is.

Also the newly introduced 'bedroom tax/spare room subsidy' means you would only get HB for 1 bedroom not 2 or 3 and would have your HB entitlement reduced by between 14-25% if you were claiming benefit and not paying your rent yourself.

BUT I would ask City West what their allocation policy by phoning them and maybe also looking it up on their web-site.

Good luck

Richard Paris