To include the water charges in the DRO she will need a bill in her name. She wants to know what her rights are. Tenancies that are not fixed term run from period to period, eg week to week. For further information please refer to our relationship breakdown leaflet [pdf] 1MB. One significant issue relating to ownership of property which occurs on relationship breakdown is the question of whether or not the property is registered as a joint tenancy or has a tenancy in common. If not agreed, Bobby can make an application to the court under the Children Act s.8 for a Child Arrangements order. Bobby will need to make a claim for Universal Credit (UC) as soon as possible — see the welfare benefits section for further details of how to claim UC. She’ll need to think about how she does this. It offers a “solicitor check” of the paperwork run by RCJAdvice, a Citizens Advice service. Bobby will need to consider the ongoing arrangements for the children. Your actions will directly affect them. UC is assessed on a monthly rather than an annual basis. Naturally, it is important to consider whether a tenant who has moved out will honour an agreement to pay rent until a new tenant is found. In practice, these agreements can be hard to enforce. It’s important that if an agreement is reached to assign the tenancy that this is made by deed which must be writing, signed ‘as a deed’ and witnessed. A full benefits check will identify if Bobby has any further benefit entitlement. You will need to check what stage of recovery this is at. If Bobby owes no more than £5,000 in total and already has a county court judgment in her name she could apply for an AO. You can also contact your local Citizens Information Centre or Request a call back from an information officer. If your joint tenant agrees to have their name removed, the local authority They may be able to, If either Bobby or her husband are subject to immigration control then their eligibility for benefits needs to be checked and will depend on their status and, If either Bobby or her husband are subject to immigration control then their. The divorce process usually takes 4–6 months to become final (known as the Decree Absolute). Rachael Gore is a Housing Expert in the Expert Advice Team at Citizens Advice. It's a good idea to discuss your plans with the other tenants if you want to leave. If she has a 2nd card on any of her husband’s accounts she will not be liable for repaying the balance on these. Property rights of cohabiting couples relating to buying a home, private rented accommodation, local authority housing, and the Family Home Protection Act. Bobby and her husband have a Joint bank account. In this case study Bobby and her husband are both British citizens, however if this was not the case it would be important to check: Djamilla Hitchins is an Immigration Expert in the Expert Advice Team at Citizens Advice. This will lead to a 25% reduction in her council tax bill. In Bobby’s case the assets are limited and she may feel this is not necessary. You will need to advise Bobby that, as for a DRO, a bankruptcy order in her name would appear on a public insolvency register and is likely to have a lasting impact on her credit rating. She could apply to the court for an occupation order to if she has been excluded and needs to regain entry to the property or if she wants to exclude her husband from the property. A relationship breakdown can have a major impact on the client and their family. ... your rights to live in the accommodation after the separation of you and your partner depend on your relationship status. This will ensure certainty, and prevent further claims relating to the marriage should either party’s financial position later change. The landlord can pursue each of them for the whole rent. As a result of the marriage, both parents will have parental responsibility for the children under the Children Act 1989 (“CA 1989”). The financial consequences of a relationship breakdown must be considered. The Child Maintenance Service (CMS) determine this. It’s a common misconception that a landlord can simply ‘take a joint tenant’s name off’ the tenancy. broken down and he/she has left the home, you will probably want his/her name If you are unable to reach a mutual agreement regarding your tenancy, you may need to seek legal advice. During this time her creditors will not be able to take any action and must freeze interest and charges. (She is also an ‘entitled person’ because she has matrimonial homes rights to the property). When preparing a separation agreement, advice should be sought from a family law solicitor. If Bobby is providing care for a disabled person she might be able to receive the carers element in UC. Bobby’s council tax and electricity arrears are both priority debts and so must be dealt with first. If Bobby’s total debts add up to no more than £20,000, any car that she owns is worth less than £1,000, other savings or assets are worth no more than £1,000 and she has no more than £50 per month surplus income, she can apply for a DRO. If things are amicable with her ex she could try reaching a family based arrangement as this does not involve any fees. housing association may consider that your house is too big for you and offer If you d… ... transfer the lease It is possible that a court order is transferred to another tenant through a single tenancy agreement, or transfers a common rent solely to a tenant`s name. This converts the joint tenancy into a tenancy in common (Rights when living together), which mea… As stated above, Bobby will need to consider whether it is actually worth taking court action given that she has an assured shorthold tenancy which could be ended fairly easily once her fixed term ends. If her husband has a 2nd card on any of her accounts she needs to contact the credit card company urgently to get a stop put on the card. It will be helpful to find out whether Bobby’s local council has signed up to the Council tax protocol. As she is living in a three bedroom property she will be subject to a size-related reduction on her housing cost element and so she might need to claim a discretionary housing payment — see the welfare benefit section for more details on help with housing costs. With a DMP Bobby could end up repaying for many years depending on her debt total. This will reduce the risk of eviction whilst longer term options regarding the property and any contributions are pursued. If she had moved beyond the fixed term into a periodic assured shorthold tenancy different rules apply — there is further information on Advisernet about the options for periodic assured shorthold tenants. If you have a joint tenancy and your relationship with your joint tenant has broken down and he/she has left the home, you will probably want his/her name removed from the tenancy agreement with the local authority or housing association. Should the husband not agree, the court can make an order for periodical payments from him to the wife. Following a relationship breakdown it will be important to advise the client to take steps to separate her finances, establish who is liable for any debts of the relationship and try to stop any further joint debts accruing. Finally, an often overlooked financial consequence of divorce is loss of pension rights. If the children stay with her or there is a shared care arrangement , Bobby could contact Child Maintenance Options to discuss her entitlement to child maintenance. As Bobby is a joint tenant UC may deem her to be responsible for only 50% of the housing costs. Whilst still married, Bobby’s husband would be the main beneficiary of her estate. Bobby and her husband are jointly and severally liable for the council tax arrears. Who retains that asset will depend upon needs, for example does the husband require it for work, or does Bobby need it to transport the children? This would be under the rules of intestacy if she does not have an existing will. This may mean there has to be a departure from an equal sharing of the assets. They will contact the parties at an early stage to help resolve the issues. separation, divorce or dissolution is occupation of the family/shared One of the first issues to consider is whether Bobby is ready to proceed with a divorce. Your client may need advice about their rights in relation to the separation itself, their housing options, what benefits they might be able to claim and how to deal with any debts. If she can show an exception applies she will not need to attend (see below). You should check the rules that apply to the client’s particular housing status — there is further information on Advisernet about the rules on assignment for assured and assured shorthold tenants, secure tenants and protected tenants. There would be consideration of the parties income and outgoings. Usually joint tenancies are set up where all the tenants are party to one tenancy agreement. Legal aid is likely to be available for Bobby to attend mediation. Individual ownership of assets has less importance. If they do so it simply won’t be effective. Under UC, if she works, 85% of child care costs are payable (in arrears). There are three initial questions that you need to consider when advising a client on their housing options following a relationship breakdown. where a relationship is breaking down, you should seek legal advice. If you’re letting property in Southend, you may at some point find yourself in a situation where two people with a joint tenancy agreement decide to go their separate ways before the end of the contract. This could be that one party be responsible for a debt liability. If you are joint tenants, you may wish to change the tenancy so that it is in the sole name of one of the joint tenants, for example because one of the joint tenants has moved out. CAFCASS is the Children and Family Court Advisory and Support Service. a) Where both tenants are in agreement One tenant wishes to remain in the property so I need to remove the other's name from the rental agreement. If either Bobby or her husband is not a British or EEA citizen and they hold a family visa on the basis of their marriage to a British citizen then this will, If Bobby is in the UK on a partner visa and was a, If either Bobby or her husband is not a British or EEA citizen and they have a residence permit on the basis of their marriage to an EEA citizen then their right to stay on this basis will only change on divorce, not just separation. No matter what the relationship and circumstances are between joint tenants, disputes can inevitably arise. Bobby is likely to have an entitlement to a share of this particularly if she has no pension herself. Also during the 12 month term of the order she won’t be able to borrow £500 or more without telling the lender that she is bankrupt. Joint owners and tenants. Radmacher (formerly Granatino) v Granatino [2010] UKSC 42, [2010] 2 FLR 1900, occupation orders and non-molestation orders on Advisernet, there is further information on Advisernet about the options for periodic assured shorthold tenants, Joint tenancies and fixed terms: notice to quit, para 5 of Schedule 7 of Family Law Act 1996, para 4(1) of Schedule 1 of Children Act 1989. In the event of a joint tenancy, a landlord can at both tenants’ request agree to a change. With regard to the joint debts, it is not possible for the court to order one party to take responsibility for payment to a third party creditor. Joint Tenancy agreement is a legal agreement between the landlord and all his tenants. One option for Bobby would be to get a lodger but this could impact her tenancy and other benefits. Bobby should try to agree the basis of the divorce with her husband to avoid delays and extra expense. The advantage of this is that once an application has been made to the statutory scheme the child maintenance payments will be enforceable. How this is done will depend on whether both (or all) tenants are in agreement. When deciding how to deal with the finances the court will consider the factors set out at s.25 MCA . This is a popular choice where a property is being purchased together with a relative or someone you’re in a relationship … Relationship breakdowns. If you leave your home and don't end your tenancy legally, you'll still be liable for rent. There are also other available applications to deal with a transfer eg s.53 Sch 7 Family Law 1976, Sch 1 Children Act 1989. Rights of a Joint Tenant. She will need to bear this in mind when deciding what to do. Lorraine Charlton is a Debt Expert in the Expert Advice Team at Citizens Advice. Legal aid will not be available for this application unless there has been domestic violence. According to this agreement, all the tenants are equally responsible for adhering to all of the terms and conditions mentioned in the Tenancy Agreement. Are there any current benefit claims that will be affected by the breakup? Bobby has a joint bank account with her husband which is currently in overdraft. to your tenancy and home. The bank overdraft, credit cards and water rates are all non priority debts. Any financial order will not be effective until decree absolute. If you are left living alone in the family home, the local authority or removed, it is more complicated and you will have to provide evidence that the However, if they refuse to have their name If there is to be a lengthy separation, she can make a formal written separation agreement with her husband. There have recently been calls for the introduction of so called “no fault” divorce. This could result in them being: Not all clients will want to stay in the property after a relationship breakdown — this could be because they want to make a clean break or the steps involved in remaining in the home are too difficult for them (for example, the cost and stress involved in court action). Alternatively, the tenant who has left might find it difficult to secure rehousing if they are already a joint tenant of another property –in these circumstances they often ask for their names to be removed from joint tenancy agreements. She might need help to do a better-off calculation. Any nominations made for benefits under pension schemes may need review pending resolution of the divorce. Relationship breakdown; Struggling to pay your rent or Mortgage; If the mandatory reconsideration is not successful she should appeal the decision. home. This is knows as joint and several liability. There is also work allowance included in the UC calculation for claimants with dependent children. Once benefits have been claimed Bobby might be able to offer a direct deduction or choose a weekly/monthly payment plan (or see debt solutions below). As she doesn’t have any earnings she will be entitled to free prescriptions and free dental treatment if she claims UC. Bobby will not be entitled to legal aid for a divorce unless she can evidence that there has been domestic violence in the relationship. Landlords can also draw up their own, as long as they include the minimum information required by the Act.Download the residential tenancy agreement below.Download the boarding house tenancy agreement below.Landlords also need to include additional statements in their new tenancy agreements.Find out about required statements in tenancy agreements If you are in a situation If Bobby has given away any property or paid one creditor in preference to another within two years of a DRO application the application might be declined. Where a breakdown in the relationship occurs, one or both of the co-owners may want to sell the property and part ways. If there was domestic abuse the court is more likely to grant such an order. If Bobby is unable to establish these grounds her options are more limited. If Bobby’s husband and/or landlord won’t agree she won’t be able to surrender the tenancy. My tenants have had a relationship breakdown and both wish to go their separate ways and are dealing with things amicably as they have young children. Your client may need advice about their rights in relation to the separation itself, their housing options, what… If Bobby moves from child tax credits to universal credit, formal spousal maintenance will reduce UC received pound for pound. Bobby and her husband are ‘joint and severally’ liable for payment of the whole rent. For a surrender to be effective the agreement of all parties is required (i.e. She also needs to read the term of the tenancy carefully to see if she needs to get her landlord’s consent to assign, and then consider approaching the landlord to get that consent. If Bobby does want to take court action she’ll need to make sure that the tenancy still exists by the time she comes to apply to the court for a transfer. When Bobby’s youngest child is three she will be subject to all work requirements. You’ll both need to move out. of the tenancy (unless your tenancy agreement says otherwise). This will ensure the agreement is properly recorded. By virtue of the Matrimonial Causes Act s.1(1)-(2) 1973 (MCA) Bobby will have to show the marriage has irretrievably broken down. Housing and relationship breakdown If you rent your home If both your names are on the tenancy If you rent a property and both you and your partner have signed the tenancy agreement then you will be joint tenants. If it does she could speak to her husband to see if he will agree to do this. She will need to wait until she has separated for 2 years but her husband must consent to the divorce. 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