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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Housing association home

59 replies

Axalot · 03/06/2023 09:24

I live in a key worker home. It’s a two bed flat. It’s £500 a month. To live in one of these homes
there are some set rules.
You have to be a British citizen
Earn between 21,000-45,000 a year before tax
Have no more than 3 people living there

My Husband came to the U.K. on a spousal visa using my parents address as his address for the application. But chose to live with a friend in a one bed flat as it did not work out is living with my parents. Just not enough space.

I moved with my Son into the two bed apartment with key worker accommodation. We simply couldn’t afford private rental and still can’t so the only option was this. My Husband stays over a lot anyway (but we follow the rules of less than 4 nights a week).

We have since found out that he was entitled to live with me. He just wasn’t allowed on the tenancy agreement. So we were given incorrect information. He wasnt working at the time so there would have been no issues had we not been given incorrect information. We immediately contacted the housing association to ask if he could move in with me.
They said that’s fine as long as his income and mine combined is less than £45,000 a year. Otherwise he can’t move in.
No issue as he doesn’t work at the moment. Doesn’t matter if there’s a job offer. They assess on circumstances right now.

But we have one issue. He has only been in the country one month so has to wait two months before he can submit his bank statements.
He has been offered a job with the NHS and this starts on 22nd June with first payment around 22nd July. Maybe he could delay the start date?
It is only minimum wage as he is an oversees doctor not qualified to work in the U.K. and just wanted to support his family and get known to the hospital for when he does qualify in a couple years following the international exams.
I earn £26,000 a year so with his income and mine would be over the threshold but we aren’t as I will be going on maternity leave in August and will go down to SMP so overall we meet the income threshold.
issue is if we tell the housing association we actually do meet the income threshold we would need to tell them I’m pregnant and then they still won’t let my Husband in as we will be over the number of people allowed in the property (if you’re approved and then have a baby they won’t chuck you out). According to tenancy agreement they only need to be told once a baby is born.

The 45,000 a year income threshold no longer meets its purpose as that’s just minimum wage for two people. Not enough to rent privately in our area. You’d not even be approved. What this has led to is a huge number of people on the estate just not declaring their partner living with them but we wouldn’t lie like this.

It’s a two bed flat so it’s odd there’s a three person limit. It’s more than suitable for two children and two adults.

Has anyone got any advice?

what should we do?

With me going on maternity leave we cannot afford to leave this property. I also won’t be returning following maternity leave. So we will be earning just minimum wage.
should we just not move him in?
It just makes me sad that he won’t be living with us.
And before anyone judges us for getting pregnant in this situation. I got pregnant when we were living with parents (on honeymoon technically but that was our address). And we didn’t expect to not be able to stay living with my parents until it just stopped working and I had to move out.

OP posts:
Hannahsbananas · 03/06/2023 10:06

sashh · 03/06/2023 10:03

It’s a two bed flat so it’s odd there’s a three person limit. It’s more than suitable for two children and two adults.

Check this, children are often counted as a half, hence a property for 2 adults and 2 children or three adults. It's a number used to determine if you are 'overcrowded' it means that when your eldest reaches 10 then you are 'overcrowded' and can apply for a bigger council or HA property.

Also check out human rights legislation, you have a right to a private life.

Op doesn’t get to break the very clear rules on key worker accommodation because they breach her “human rights” ffs 🙄

MeMyCatsAndMyBooks · 03/06/2023 10:07

Basically you want to cheat the system. Nah. Do what everyone does and go to the council.

Pinkdelight3 · 03/06/2023 10:08

'I have medical issues. I know i’d not manage a baby and working.'

Another thing to have factored in and got pregnant again until this precarious set-up was sorted. But whatever, you'll do as you want and probably use some shenanigans to get to stay in the flat by the sounds of it.

BungleandGeorge · 03/06/2023 10:08

I was confused by what you meant by ‘4 night rule’ too? You mean the property allows guests for 4 nights without being counted as a resident?

Pinkdelight3 · 03/06/2023 10:08

*not got pregnant again

Testina · 03/06/2023 10:10

“But once offered a tenancy you can remain even if not a key worker.”

Yep. Which is why I said you’re working the system, not cheating. And I’d do the same.
But it’s ridiculous that the tenancies aren’t available only to those who are key workers or have been in the last (say) 6 months - to allow for those losing their jobs not losing their tenancies immediately.
Over time, you end up with a “key worker” block full of people who no longer work in those essential roles and/or are earning far more than those who now need the subsidy and all the homes are blocked.
It’s not your fault, but these schemes are so badly thought out.

Your mistake in working the system here, was choosing to get pregnant before you’d nailed it down.

Oliotya · 03/06/2023 10:11

OP, he needs to be living with you if he's on a spouse visa. You will have problems with his FLR application if he's not.

Hannahsbananas · 03/06/2023 10:11

Axalot · 03/06/2023 09:59

Husband counts as a key worker too even though he’s studying international exams.
I also count as a key worker for my entire maternity until August 2024.
But once offered a tenancy you can remain even if not a key worker.

Husband counts as a key worker too even though he’s studying
Of course he doesn’t! You’ve said earlier he’s not actually working…
Wtf?

cantcopenow · 03/06/2023 10:11

Axalot · 03/06/2023 09:47

Nope not withholding info.
Infact if the housing association hadn’t given us incorrect information in the first place he’d already be in as he wasn’t working at the time.
I think we will simply push back the date he starts work so that at the time of applying we meet the income threshold.
The solution is simple now. Sometimes you don’t think of it until you type the problem out.
we will meet the income threshold by August anyway.
And the rule about three people is ridiculous when it doesn’t differentiate between children and two adults like their general social housing does. So we’ve no time for that.

I accidentally posted this on AIBU it’s not an AIBU. So I’m now prepared for the angry comments 😂

but thanks for your reply.

Yes posting in AIBU was a big mistake 😂

As a PP said I guess this is ‘working’ the system but not cheating it.

The rules have not kept pace with the dire reality of the housing market and COL crisis.

Best of luck 😊

Zanatdy · 03/06/2023 10:16

Oliotya · 03/06/2023 10:11

OP, he needs to be living with you if he's on a spouse visa. You will have problems with his FLR application if he's not.

Exactly. How will you prove joint residency if not living together with joint bills. You will be asked to prove this

AlyssumandHelianthus · 03/06/2023 10:20

cantcopenow · 03/06/2023 09:40

I’m going to get slaughtered for this but based on what you’ve said I would do whatever you need to to make it work. You would be complying with the spirit of the rule, though not the letter.

When I started reading I thought your problem was that your DH isn’t a British citizen, and I was going to say of course he’s still allowed to live there with you! Otherwise no British key workers with foreign partners could live in that accommodation, which is ridiculous and clearly discriminatory.

There is a housing crisis and you are a victim of it, not part of the problem. Just my two cents. Unless you’re withholding information of course!

This^
Also I hate the way people on here judge women for getting pregnant in any circumstances which aren't 100% perfect. Congratulations on your pregnancy and good luck to you and your partner. God knows we need more qualified medics in this country!

MeMyCatsAndMyBooks · 03/06/2023 10:20

Oliotya · 03/06/2023 10:11

OP, he needs to be living with you if he's on a spouse visa. You will have problems with his FLR application if he's not.

Exactly this. Messed up trying to play the system now messed up his visa. They could end up deporting him as they won't deem it a "real" marriage.

Axalot · 03/06/2023 10:21

Zanatdy · 03/06/2023 10:16

Exactly. How will you prove joint residency if not living together with joint bills. You will be asked to prove this

Yes we know this. He still has over two years on this visa but when the time came we’ve move back into parents house if needed.

OP posts:
MeMyCatsAndMyBooks · 03/06/2023 10:23

They'd want to look back in time, not just at the end of his visa. Confused
Also clearly you don't need the house that much if you can just move back to your parents, so do that and save up for a rental? Problem solved.

Axalot · 03/06/2023 10:24

Hannahsbananas · 03/06/2023 10:11

Husband counts as a key worker too even though he’s studying
Of course he doesn’t! You’ve said earlier he’s not actually working…
Wtf?

He does. 😊
He is on an approved training course for the NHS. It’s I paid but counts for key worker accommodation.

OP posts:
sashh · 03/06/2023 10:24

Hannahsbananas · 03/06/2023 10:06

Op doesn’t get to break the very clear rules on key worker accommodation because they breach her “human rights” ffs 🙄

I was meaning living separately to her husband.

Axalot · 03/06/2023 10:25

MeMyCatsAndMyBooks · 03/06/2023 10:23

They'd want to look back in time, not just at the end of his visa. Confused
Also clearly you don't need the house that much if you can just move back to your parents, so do that and save up for a rental? Problem solved.

We’ve discussed this issue already with the home office. They are understanding.
they even explained some families are in temporary accommodation and the non British citizen spouse staying with friends due to not being able to access temporary accommodation.
They’ve been very understanding since I moved out my parents and we have everything in writing.

OP posts:
BungleandGeorge · 03/06/2023 10:25

I think some of what you’re suggesting doing might actually be classed as fraud, I think you need to be really careful. You can’t claim UC alone and have a partner regularly staying with you. I’m not sure you can live apart with your spousal visa. You’re in breach of your tenancy agreement if you have more than 3 people in the apartment.
why not just move back with your parents as planned and save up for a place of your own?

Axalot · 03/06/2023 10:26

AlyssumandHelianthus · 03/06/2023 10:20

This^
Also I hate the way people on here judge women for getting pregnant in any circumstances which aren't 100% perfect. Congratulations on your pregnancy and good luck to you and your partner. God knows we need more qualified medics in this country!

Thank you 😊

OP posts:
Axalot · 03/06/2023 10:29

BungleandGeorge · 03/06/2023 10:25

I think some of what you’re suggesting doing might actually be classed as fraud, I think you need to be really careful. You can’t claim UC alone and have a partner regularly staying with you. I’m not sure you can live apart with your spousal visa. You’re in breach of your tenancy agreement if you have more than 3 people in the apartment.
why not just move back with your parents as planned and save up for a place of your own?

I’m not claiming universal credit.
Once baby is born I would inform the housing association. They accept more people in the property in the circumstance of having children as a couple. Most people here are four person families.

OP posts:
Axalot · 03/06/2023 10:30

BungleandGeorge · 03/06/2023 10:25

I think some of what you’re suggesting doing might actually be classed as fraud, I think you need to be really careful. You can’t claim UC alone and have a partner regularly staying with you. I’m not sure you can live apart with your spousal visa. You’re in breach of your tenancy agreement if you have more than 3 people in the apartment.
why not just move back with your parents as planned and save up for a place of your own?

Don’t want to live with parents. Not unless there’s really no other option.

OP posts:
Hannahsbananas · 03/06/2023 10:32

sashh · 03/06/2023 10:24

I was meaning living separately to her husband.

So she moves in with him somewhere else 🤷🏻‍♀️
Apparently there’s room at her parents for all of them, not just him…

Oliotya · 03/06/2023 10:35

Axalot · 03/06/2023 10:25

We’ve discussed this issue already with the home office. They are understanding.
they even explained some families are in temporary accommodation and the non British citizen spouse staying with friends due to not being able to access temporary accommodation.
They’ve been very understanding since I moved out my parents and we have everything in writing.

The home office do occasionally make exceptions for extreme circumstances (eg. sick relative, house fire, temporary work conflicts) but not wanting to pay market rent doesn't count. You will need to show 2 years evidence living together as a family.

nothingcomestonothing · 03/06/2023 10:40

Axalot · 03/06/2023 10:30

Don’t want to live with parents. Not unless there’s really no other option.

And you're blocking the key worker accommodation from someone who may not have that option of living with parents, because you don't want to. While adding another child to your family and intending not to work after mat leave. You are gaming the system, it might not be against the rules but it's still morally wrong in my opinion.

Axalot · 03/06/2023 10:42

Thanks everyone for the comments.
We have decided to simply push back his start date for the NHS which will mean we have no issue with the joint income limit.
This is a very simple solution.
Therefore no need for advice.
I will be leaving the thread now.

OP posts: