Can my landlord kick me out of me and partner split!!

[lilly12345]

So I’m moving into an apartment with my partner soon, we both work, but I’m just wondering if we was to ever split and he left, meaning I’d have to apply for housing benefit would my landlord have the right to kick me out?? If he does not want dss payments? I would still be at work but wouldn’t be able to pay on my own so would need to apply for dss, we have a baby girl also, also we would have a joint tenancy agreement so I could potentially not tell my landlord about the split but when applying for housing benefit and showing them proof of my tenancy agreement it would say my name and his meaning they wouldn’t help?? So I’d have to tell my landlord in order for him to take his name off the tenancy agreement so I could apply for HB?? Ahh help!! I need to know before moving in as we aren’t in the best place as it is and need to know if I’ll be secure there either way x

 

[TopCat]

Planning to leave suggests you don’t move in with him.

 

[marty21]

Housing Benefit no longer exists for new claims, it's now known as a legacy benefit. Rent can be claimed via Universal Credit which pays a rent element. Any claim would be subject to Local Authority set rent levels (not the same as council rents) but these may be lower than the actual rent being charged.

Your Landlord would have to take you to court to get possession , they can't (legally) just kick you out.

The joint tenancy might be an issue , Universal Credit may just assess you on your share of the rent .

Others may be more knowledgeable on this.

 

[hitmouse]

I think it'd be a dick move of a landlord to do that. Uh, could you get two separate tenancy agreements rather than one with both your names on, so any change in his situation wouldn't affect you? I suppose if you think you might be in this situation, then first of all check whether HB/UC would actually cover you in that case, since I'm not 100% sure how it works for people in work? Also depending on where you live, it might be worth contacting ACORN, London Renters Union or Living Rent in Scotland?

 

[lilly12345]

I think it'd be a dick move of a landlord to do that. Uh, could you get two separate tenancy agreements rather than one with both your names on, so any change in his situation wouldn't affect you? I suppose if you think you might be in this situation, then first of all check whether HB/UC would actually cover you in that case, since I'm not 100% sure how it works for people in work? Also depending on where you live, it might be worth contacting ACORN, London Renters Union or Living Rent in Scotland?

Thank you, I live in England Birmingham, do you know who would be able to advice me on this? Or where I can call? Would my landlord Change the tenancy agreement into my name if this was the case?

 

[lilly12345]

I think it'd be a dick move of a landlord to do that. Uh, could you get two separate tenancy agreements rather than one with both your names on, so any change in his situation wouldn't affect you? I suppose if you think you might be in this situation, then first of all check whether HB/UC would actually cover you in that case, since I'm not 100% sure how it works for people in work? Also depending on where you live, it might be worth contacting ACORN, London Renters Union or Living Rent in Scotland?

I only work part time so if I was single on my own with my daughter as I’m on a low income they would help, it’s just how would I work it around my landlord? Would I have to tell him? Or can I just apply for it and pay it directly to him? Or can he refuse?

 

[lilly12345]

Housing Benefit no longer exists for new claims, it's now known as a legacy benefit. Rent can be claimed via Universal Credit which pays a rent element. Any claim would be subject to Local Authority set rent levels (not the same as council rents) but these may be lower than the actual rent being charged.

Your Landlord would have to take you to court to get possession , they can't (legally) just kick you out.

The joint tenancy might be an issue , Universal Credit may just assess you on your share of the rent .

Others may be more knowledgeable on this.

So if I had to apply for help with my rent and he moved out could my landlord refuse dss payments from me or not? He would still get his rent Every month what’s the difference if it’s just me and my daughter there and where the money is coming from? X

 

[lilly12345]

Planning to leave suggests you don’t move in with him.

I’m not planning on leaving I just need to know my options if we was to split so I know I’d be secure there either way with or without him without thinking I have to stay with him in order to live in the apartment x

 

[TopCat]

I’m not planning on leaving I just need to know my options if we was to split so I know I’d be secure there either way with or without him without thinking I have to stay with him in order to live in the apartment x

Have you spoken to him about your concerns?

 

[lilly12345]

Have you spoken to him about your concerns?

Yes, he wants to make sure if things go south for us then me and my daughter can still live there with help with rent etc, things may be all good but always good to know where you stand

 

[hitmouse]

Thank you, I live in England Birmingham, do you know who would be able to advice me on this? Or where I can call? Would my landlord Change the tenancy agreement into my name if this was the case?

You could try Citizen's Advice, I suppose? There is also an ACORN branch in Birmingham, they have a contact form you can fill in here although that seems to be more for actual disputes rather than general advice, or you can email them at birmingham@acorntheunion.org.uk. I think they generally ask for people to join, just looked at their rates and it looks like their part-time rate is £5 a month, dunno if that's affordable to you? They might still be able to help you if you can't/don't want to join, or maybe they might be able to point you on to someone else who can give advice?

 

[hitmouse]

There's also a brief guide to tenant's rights here that might be of some use:

Know your rights at home – Liverpool Solidarity Federation

liverpoolsf.org

Sorry, this is a bit of a tricky one - maybe try this facebook group as well? Facebook Groups

 

[Sasaferrato]

I'm very much not in the habit of giving relationship advice, but this really rings alarm bells.

If you are so unsure about how things are going to pan out, is it sensible to do it in the first place?

 

[Boudicca]

A landlord isn't going to give two tenancy agreements, the point of a joint tenancy is that if one person moves out they are both still liable. The landlord would not be interested in only getting half the rent if he left.

If you have been there a while, he might consider letting you take over the tenancy, provided that you can prove to him that your benefit payments will cover it. The trouble is they so very often don't.

 

[Boudicca]

I'm very much not in the habit of giving relationship advice, but this really rings alarm bells.

If you are so unsure about how things are going to pan out, is it sensible to do it in the first place?

Or it's a ruse to get around a landlord not wanting to take DHSS tenants.

 

[Sasaferrato]

Or it's a ruse to get around a landlord not wanting to take DHSS tenants.

Indeed, that too.

 

[WouldBe]

I'm very much not in the habit of giving relationship advice, but this really rings alarm bells.

If you are so unsure about how things are going to pan out, is it sensible to do it in the first place?

That maybe the case here but there's nothing wrong with planning ahead. The op would be in the same situation if their partners was ran over by a bus or died suddenly.

 

[lilly12345]

I'm very much not in the habit of giving relationship advice, but this really rings alarm bells.

If you are so unsure about how things are going to pan out, is it sensible to do it in the first place?

It is just me planning ahead and ensuring mine and my daughters security within our home, relying on a man to have a roof over our heads if your unhappy just isn’t a way to live, no one is ever sure of how things pan out are they? Anyone can up and leave one day that’s just life however id like to know we still have a roof over our head regardless of is he is with us

 

[killer b]

fairly sure she's just looking for housing advice lads.

 

[marty21]

So if I had to apply for help with my rent and he moved out could my landlord refuse dss payments from me or not? He would still get his rent Every month what’s the difference if it’s just me and my daughter there and where the money is coming from? X

I don't know what your Landlord would say , but you can arrange for UC rent element payments to be made direct to him. I don't know if it would cover the full rent , you'd need to contact Birmingham Council or the DWP, to see what the max payable rent for the area is .

 

[girasol]

It is just me planning ahead and ensuring mine and my daughters security within our home, relying on a man to have a roof over our heads if your unhappy just isn’t a way to live, no one is ever sure of how things pan out are they? Anyone can up and leave one day that’s just life however id like to know we still have a roof over our head regardless of is he is with us

You're right to think about these possibilities, especially as there's a child involved and relationships can go wrong. Speaking from experience This is one of the reasons people get life insurance, you don't expect to die but it's good to know that if you, your child is taken care of financially.

 

[hitmouse]

fairly sure she's just looking for housing advice lads.

Yeah, my reaction was like a 50/50 split between "it seems a bit unnecessary and hostile to suggest OP is planning a ruse when nothing in their posts really implies that" and "if anyone reading this thread is actually planning to do some ruses to a landlord, that's extremely good and cool and I wish you all the best of luck with it."

 

[marty21]

If your landlord refused direct payments of the UC rent element , they would pay it direct to you, and you can pay him direct. If for some reason he won't take payments from you, keep these payments separate from your day to day spending. He would still have to take you to court for possession, keep proof of any attempts to pay and be able to show you have the means to pay (if it goes to court)

 

[girasol]

I think it's actually illegal to refuse DSS, and it would very difficult for landlord to do that to an existing tenant. 'No DSS' letting bans 'ruled unlawful' by court

 

[BillRiver]

As far as I know youcan get Universal Credit paid into your bank account and the landlord wouldn't need to know. In theory at least.

But ultimately nobody can know what your landlord might say or do, were you to break up with your partner.

If you've been a good tenant and it happens after you've lived there a long time, the landlord may decide to make an exception for you and accept some DSS rather than go to the significant hassle of getting you out and finding new tenants.

If you and your partner aren't great tenants, and/or you break up quite soon after moving in, they may be more strict about their no dss rule.

Then there's the question of what your baby father would contribute to the rent if you are left alone with the baby.

It sounds like you are a resourceful person who plans ahead. I have a hunch that you will be fine.

If you are a lil anxious though, could you afford to start a savings account now "for a rainy day"? Even if it's only a little amount per week or per month, that can add up and might bring you a bit of peace of mind (or at least a sense of having some control by taking that action) in the meantime?

 

[two sheds]

Different situation but when we bought a house my ex and I wrote out in advance what would happen with finances if we split (she suggested it and I agreed was fine idea). We did split after three years or so and there was no acrimony about finances, was all sorted in advance.

 

[Sue]

lilly12345, Shelter - The housing and homelessness charity might be helpful. Good luck.

 

[xenon]

You can get UC paid directly to you including the rent element I’m pretty sure. How much of the rent it would cover is another question. But there would be no need to tell the landlord as long as you can keep paying the rent. I was on housing benefit years ago and the landlord never knew.

 

[cybershot]

How are you paying rent? To the estate agent or direct to the landlord?

The landlord is not likely to give two shits in all honesty as long as they get paid. Some have some ethics but most just care that the money comes in so you can continue to make them more wealthy while they sit on their arse.