Renting advice

[theodora18]

I moved to a new area in a private rental just before Christmas and started a new job. I have 2 small children and privately rent with DH, however we are now divorcing and he has moved out.

He contacted the landlord and agent to get himself taken off the tenancy and to make me the sole tenant. My income from my job is £2000 pa short of the required income. They will not take maintenance (£450 pcm) or UC into account and I am so worried I’m about to be made homeless. I have no savings and no deposit if I was able to find something else.

I was wondering if anyone had been though anything similar or had any advice?

Just to add, it’s a small, old, 2 bed flat, so I won’t be able to find anything cheaper. We are in the SE and I don’t want to move away again as the DC have had enough upheaval without having to move schools too.

You can get UC to pay the rent element directly to yourself. Are you £2000 short each month? It sounds like you need to contact your local council and get on the waiting list

Was it an amicable split (no abuse, etc)? If so, can your ex be guarantor on the flat? I assume he wants his DC settled and housed?

The refusal to accept maintenance or UC is now illegal, I believe. I'm sure there was a legal case last year. Call Shelter tomorrow to get advice.

I hope it works out for you to be able to stay.

england.shelter.org.uk/housing_advice/private_renting/how_to_challenge_dss_discrimination

The courts ruled that No DSS policies are unlawful because they indirectly discriminate against women and disabled people.

@Piggyk2 £2000 short a year.

Thank you, I will call shelter in the morning.

I’m concerned that will try and get me out as they’d prefer a professional couple, without kids and without UC top up.

Ahh OK. Your lanlord won't know your on UC will they? Would your ex pay the CMS directly to you instead of through CMS?

They are re referencing me, and are already aware of my income and that I don’t earn enough from the original referencing annoyingly.

He was going to pay it direct, but CMS may be better so the landlord can see proof.

It makes no sense for them evict you while you are still paying your rent however they may not agree to take your ex off the tenancy if you can't meet their affordability calc on your own.

You should still be within your fixed term anyway so it's quite hard for a landlord to evict you within your fixed term unless you do something like stop paying your rent (they have to have grounds to evict you).

Mot having your ex off the tenancy shouldn't be too problematic for you, although your ex could still access the home if he's on the tenancy. You can still claim full rent under UC (it's what's called an untidy tenancy). The problem is more for your ex who would still be liable for the rent on a home they are not living in.

Definitely contact shelter for further advice. You may find it easier to get hold on them via their webchat.

however they may not agree to take your ex off the tenancy if you can't meet their affordability calc on your own.

Speak to Shelter about this OP. If your income meets their affordability calculator, they cannot reject you because some of that income comes from UC.