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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33828
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi,I have a joint council tenancy with my husband who I

Customer Question

Hi,
I have a joint council tenancy with my husband who I am in the process of divorcing as he committed adultery. He takes full responsibility of our marriage breaking down.
We were told by our housing officer 18 months ago that we can't apply for relationship breakdown until we live together for 3 years.
We spent the last 18 months living seperate lives, it has been very stressful. In Sept 2014 we have been living together 3 years. When we applied again in Sept 2014 they said the procedure has changed and that relationship breakdown is no longer a priority.
Whoever gives up their tenancy will go on the council housing list like everyone else who is on it.
My husband is registered disabled and a diabetic who needs a fridge to store his insulin, if he gives up his tenancy he's making himself homeless which they say he's not a priority?
I don't believe I should lose my tenancy as I am not at fault and it is my tenancy I am not in a position to private rent.
Can you help, advice?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you been living together and how long have you lived in this property?
Are any children involved?
Clare
Customer: replied 2 years ago.

Hi Claire,

We have been living together 3 years 2 months (separated 18 months of that)

We have no kids.

Regards,

Debbie

Expert:  Clare replied 2 years ago.
Hi
Who was the tenant originally?
how old are you both?
Clare
Customer: replied 2 years ago.

It was originally in my husbands name. He is 36 I am 34.

As I stated our housing officer said we can't apply for relationship breakdown until we have been living together 3 years. Which was Sept 2014. When we applied in October 2014 ( I had to wait until Oct as I was saving to file for divorce, which is the proof they needed to be able to apply for relationship breakdown ) they then said the procedure had in Sept 2014 changed. I think this is very unfair.

I pay full rent and council tax and my name is ***** ***** the tenancy. I spent all my time making it a home and now I have to give it up because of my husbands infidelity. Surely I have more rights than this?

Expert:  Clare replied 2 years ago.
Hi
How long has he lived there?
What level of disability does he have?
What income do you each have?
Clare
Customer: replied 2 years ago.

He's had the tenancy 10 years.

He's registered severely sighted and has type one diabetes.

He receives Disability Living Allowance every two weeks.

I work full time and on a good salary but dye to my marriage breaking down I didn't deal with it very well and git into debt. I have arrangements to my creditors to clear the debt ASAP.

I think one of us should be rehoused. I would love to stay where I am as it's been my home and where I feel safe but if I have to move then I will.

What are the chances of one of us being rehoused?

Customer: replied 2 years ago.

He's had the tenancy 10 years.

He's registered severely sighted and has type one diabetes.

He receives Disability Living Allowance every two weeks.

I work full time and on a good salary but dye to my marriage breaking down I didn't deal with it very well and git into debt. I have arrangements to my creditors to clear the debt ASAP.

I think one of us should be rehoused. I would love to stay where I am as it's been my home and where I feel safe but if I have to move then I will.

What are the chances of one of us being rehoused?

Am I wasting my time fighting for this tenancy?

Expert:  Clare replied 2 years ago.
HI
If you cannot agree which of you should remain in the property then it is the family court which will have to decide.
Whilst there is more chance of your ex being a priority rehousing need due to his disability the fact that he has lived in the current property for 10 years makes it more likely (but NOT certain) that he would get the property.
I am afraid that there is no basis on which you will be seen as a priority housing need.
I am sorry I know that this is not good news - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33828
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you so much for your help Clare.

Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare

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