Advice Re: Council Tenancy

[user1490816984]

Hello,

I would like to get some advice regarding my living situation.
My husband is a council tenant, until recently we were living together with our child but after the recent breakdown of our marriage due to violence on his part he is currently living with his mother.

I was wondering if it would be possible for me & my son to stay in the property if we did decide the split was permanent, which is looking highly likely as he now has a new girlfriend. My husband says that he is happy for us to do so if the council grants us permission, but another side of it is that he does threaten to kick us out on a regular basis so I never actually feel secure in my home.

Would anyone know it be possibly to get my name put on the tenancy, would I need his permission to do this? I have always paid the rent & the council tax myself on the property with very little contribution from him, not that that probably makes any difference but the council would see that all payments for the last 3 years have been made from my bank account.

I would be grateful for any help possible, I’m a bit worried that if I go direct to the council for advice they could end up throwing us out seeing as my husband is not there & on my wage I couldn’t afford to privately rent.

Thanks in advance.

[user1490816984]

Hello,

I would like to get some advice regarding my living situation.
My husband is a council tenant, until recently we were living together with our child but after the recent breakdown of our marriage due to violence on his part he is currently living with his mother.

I was wondering if it would be possible for me & my son to stay in the property if we did decide the split was permanent, which is looking highly likely as he now has a new girlfriend. My husband says that he is happy for us to do so if the council grants us permission, but another side of it is that he does threaten to kick us out on a regular basis so I never actually feel secure in my home.

Would anyone know it be possibly to get my name put on the tenancy, would I need his permission to do this? I have always paid the rent & the council tax myself on the property with very little contribution from him, not that that probably makes any difference but the council would see that all payments for the last 3 years have been made from my bank account.

I would be grateful for any help possible, I’m a bit worried that if I go direct to the council for advice they could end up throwing us out seeing as my husband is not there & on my wage I couldn’t afford to privately rent.

Thanks in advance.

[jackny]

My understanding is that if the tenancy is in the name of your husband then you are joint tenants with him as his wife. The property is your marital home and it should be easy to transfer the property into your name with his consent. Your Council will have a team of housing advisors who you can speak with to help you resolve this problem. You can also get support from your local ward councillors who can contact officers on your behalf / attend meetings with you. If you live in the Bedfordshire area I am on one of the Councils and I am happy to help point you in the right direction. PM, if you feel I can help.

[Collaborate]

Yes. The court can order the transfer of tenancy in to your sole name. As there has been violence you can get Legal Aid to take it to court if your income is low enough.
The council won't throw you out. You have a legal right to stay there.

[user1490816984]

Thank you both so much for your responses, that's very helpful!