How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
Type Your Law Question Here...
Harris is online now

I live in 3 bedroom council house with my family ( wife and

This answer was rated:

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

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 1 year 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

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.

Harris and other Law Specialists are ready to help you