Council Housing

[BBean]

Is there anyone who works in council housing that would be willing to offer me advice in private?

I'm very worried & stressed that I'm going to lose the home I've lived in for the last 5 years.

Basically I live in a flat with my son (age 6) my husband left a couple of years ago. Still married, I've paid full council tax amount since he left & the rent has always been paid by me since we got it. Flat is in his name still, I have always been down as living there but not on the tenancy.

He wants the flat back, I don't earn a great deal & couldn't afford to private rent.

Any advice would be much appreciated.

The property and who lives in it would be dealt with during divorce proceedings, so that may be the best route for you to take. It isnt necessarily relevant in whose name the tenancy is under those circumstances.

I have seen many cases where people have been evicted from council/HA properties after the named tenant has left or passed away (even after living in the property for 15+ years). I believe you may be entitled to stay in the property until you are divorced but then you are not able to stay there unless the council is willing to transfer tenancy to you. Please seek legal advice and maybe speak to the council or HA

Info here- www.moneyadviceservice.org.uk/en/articles/dividing-the-family-home-on-divorce-or-dissolution-if-youre-renting#what-are-the-options-if-the-tenancy-isnt-in-your-name

@tissuesosoft it would not ne relevant what the council or housing association want, because the court will make an order regarding the property and to whom the tenancy should belong. That is sometimes the main point of divorce proceedings. You dont have to go to court, it can be dealt with by way of a consent order. A social tenancy is of immense value these days.

The court on divorce can order the transfer of the tenancy in to your name. You apply for the order on form Form D50B (see here www.gov.uk/government/publications/form-d50b-application-under-s17-of-the-married-womens-property-act-1882-s66-of-the-civil-partnership-act-2004-application-to-transfer-a-property ).

There should be a statement in support. The statement should confirm your eligibility to apply, that the tenancy is a relevant tenancy, and that one or both of the parties, as the case may be, is entitled to occupy the property by reason of the tenancy. The criteria on which the court will exercise its discretion should also be addressed. They are:

In determining whether to exercise its powers under Part II of this Schedule and, if so, in what manner, the court shall have regard to all the circumstances of the case including—

(a)the circumstances in which the tenancy was granted to either or both of the spouses /civil partners or cohabitants or, as the case requires, the circumstances in which either or both of them became tenant under the tenancy;

(b)the matters mentioned in section 33(6)(a), (b) and (c) and, where the parties are cohabitants and only one of them is entitled to occupy the dwelling-house by virtue of the relevant tenancy, the further matters mentioned in section 36(6)(e), (f), (g) and (h); and

(c)the suitability of the parties as tenants

s33(6) says:

(e)the housing needs and housing resources of each of the parties and of any relevant child;
(f)the financial resources of each of the parties;
(g)the likely effect of any order, or of any decision by the court not to exercise its powers on the health, safety or well-being of the parties and of any relevant child; and
(h)the conduct of the parties in relation to each other and otherwise.

s36(6) deals with the situation when the parties have not been married, so not relevant to you.

If there are other assets, eg pensions or an income such that you may have a realistic claim for spouse maintenance you should also apply for a financial remedy order on Form A.

You should issue the application in the same court that the divorce is in.

There is a court fee of £245 but if your income is low you may be exempt.

Dear Collaborate,

I can see that this thread is old but I think that you have already answered more or less the information needed for the D50B form.
What I struggle with is: 1. information that is needed to be added in the statement. Do I refer to the sections you have listed in your thread or do i just explain the current situation. What do I list as a reason for the tenancy to be transferred in my name? My situation is I should get the decre nisi on the 20th of February, I have a restraining order and I have a teenager living with me. Do I need to list any sections in the statment.

1. The form itself. Although very short I do not find it very clear. Which parts do I fill in? The only bit I am certain about is the I have to tick the "An application under , section 17.......

Any help will be greatly appreciated.