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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34135
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I own a property in which my ex partner (never married) lives

Customer Question

I own a property in which my ex partner (never married) lives with our 14 year old daughter and her 25 year old son. I need now to charge her rent on this property. I have have issued her a tenancy agreement. I also pay Child Support for our daughter. She only works part time and has requested assistance with the rent I now want her to pay from the local council. ( Bristol City Council). They, the local authority have refused to assist on the grounds that I am the father of our daughter. I know I have to house our daughter, but her Son is not mine. Where do I stand? I do not wish to sale the property but what else can I do?
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

How long were you together?
Customer: replied 4 years ago.


I was with her for 12 years. The mortgate was soley in my name.

Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I am afraid that there is no chance of your ex receiving Housing Benefit to cover the rent that you wish her to pay.
The Local Authority is able to refuse on the basis of the close personal relationship between you.
In addition you need to be aware that if your ex chooses to make an application to the Court under Schedule 1 of the Children Act then she will be able to remain in the property until your child is 18
If there is currently a mortgage on the property then the court may require her to pay this - but that will depend on the extent of your income and other capital assets.
The only area which could give you leverage is if you are willing to offer a two bedroom property to replace the existing one - since as you so rightly point out you only have to help house your minor child. Alternatively offering her a lump sum to leave could work as if she stays then her rights end when your child is 18
I hope that this is of assistance - please ask if you need further information
Claire
Customer: replied 4 years ago.


Thanks, What if I sale the property? Where would that leave her and Her son and our daughter? Surely I could do this?

Expert:  Clare replied 4 years ago.
Hi
You would have to be able to give vacant possession to the buyer - and if you tried to force your ex out then she could apply to the court for an order allowing her to stay.
If you do want to sell offering her a lump sum could work
Claire
Customer: replied 4 years ago.


Could I charge her Son rent? I took him on as a young lad along with another son of hers who has since moved out. I just need assistance as I have purchased another house to live in.

Expert:  Clare replied 4 years ago.
Hi
Do you have an ongoing mortgage on this property?
Claire
Customer: replied 4 years ago.


Yes, I remortgated the 3 bed property to purchase the 2 bed house I now reside.

Expert:  Clare replied 4 years ago.
Hi
Was it mortgage free before then?
Who pays the nills on the house
Claire
Customer: replied 4 years ago.


There was a small interest free mortgate. I pay, and have always paid the mortgate. I still pay the 2 mortgates. Just seems unfair as I also pay CSA.

Expert:  Clare replied 4 years ago.
Hi
I assume that you are paying maintenance via the CSA?
Claire
Customer: replied 4 years ago.

Yes I pay CSA for our daughter.

Expert:  Clare replied 4 years ago.
Hi
Is there any reason why your ex could not work full time?
Claire
Customer: replied 4 years ago.

No Claire, not to my knowledge. She is a school cleaner and does some dinner lady duties as well. I believe she states she is "part time" for benefit reasons. What are my options? Will the Childrens Act sway in her favour?

Expert:  Clare replied 4 years ago.
Hi
Would you want to swap houses at all?
Claire
Customer: replied 4 years ago.

Hi Claire, I know she swap.That would make her Son homeless.

Expert:  Clare replied 4 years ago.
Hi
Forget what she wants - would you be willing and is it close to your child's school?
Claire