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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I live in 3 bedroom council house with my family ( wife and

Resolved Question:

Hi
I live in 3 bedroom council house with my family ( wife and 3 children ages 13/10/7).
currently we getting housing benefit to pay the rent.
my wife and I decided to break up.. she is going to move out of the city and apply for housing benefit (private landlord).
as she will keep the kids but the will spend weekend with me will i be entitled to keep the house and keep my housing benefit or would i need to pay the full rent with no housing benefit or the council will ask me to leave the house or rehouse me with smaller house or flat as they will consider me as a single person even if i need the house for my weekend kids visiting!!
best regards
Submitted: 12 months ago.
Category: Law
Expert:  Harris replied 12 months ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-Is the home in joint names between you?

-What will the exact arrangements be for them to stay with you(eg. Amount of nights a week?)

Customer: replied 12 months ago.
The council house is in my name ... but been offered to because I've got family.
The kids will be with me 2 nights in school times .. more night in holidays. . Up to three weeks in summer holidays.Thanks
Expert:  Harris replied 12 months ago.

Thank you for confirming. Initially, your housing benefit will start to be reduced depending on how many spare bedrooms you have. As you will be considered a single adult, the other two rooms will be considered spare and your housing benefit will be reduced by 25%.

Under the rules, as the children will not be living with your full-time, and as you will unlikely be getting child benefit for them, their use of the bedroom will not entitle you to full council tax.

Furthermore, some local authorities will offer you cash incentives to downsize. Also, the local authority may issue possession proceedings due to this but if they do they must offer you alternative accommodation with a tenancy in the same terms as your current one.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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