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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Morning, myself and my partner live in 3 bed council house

Customer Question

Morning, myself and my partner live in 3 bed council house with 1 child, she has decided to leave with the child to be with somebody else, we are both on the tenancy agreement I pay full rent, do not claim benefits, I have another Son from a previous marriage that stays 2,3 times a week as will are Son together, can the council make me move or downsize me?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

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

-How old is your child from current relationship and what will the arrangements be for him to be with you?

-How old is the child from previous relationship?

Customer: replied 1 year ago.
My eldest is 10 and my youngest is 4, I can see him as much as possible but I always have them for 2,3 days and nights a week depending on work commitments
Customer: replied 1 year ago.
Can you please answer my question ,
Expert:  Harris replied 1 year ago.

Thank you for confirming. Unfortunately, you would not be entitled to claim a bedroom tax exemption on the arrangements as you would not be receiving child benefit for either child and therefore they are not in your primary care. Whether you will be asked to downsize is for the local authority to decide in assessment of their housing stock. If they require you to downsize they must provide you with a new property with the same tenancy agreement terms.

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

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.