Helping a Tenants Wife to get Council Housing

by Readers Question

20:27 PM, 24th March 2015
About 4 years ago

Helping a Tenants Wife to get Council Housing

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Helping a Tenants Wife to get Council Housing

We have a tenant that has left the family home, he has left his wife & two kids but the wife is not on the tenancy Agreement.

We have served a section 21 notice addressed to the tenant on the agreement. Helping a Tenants Wife to get Council Housing

The council have told her they can’t help her with housing if /when she is forced to move out when the notice expires as she is not the official tenant?

She has asked for us to write her a letter to say that she has been living there for the last 7 years with her kids in the matrimonial home, hoping this will get her help from the council?

If we do this will it cause us any problems regarding our notice and possible subsequent possession order?

Thanks

Sam



Comments

Mark Alexander

20:30 PM, 24th March 2015
About 4 years ago

Hi Sam

The obvious question is; why wasn't she on the tenancy agreement?

Be very careful that you are not being trapped here. Talk to a solicitor. It may be that you could produce some documentation confirming that she was a "permitted occupier" but has no rights of tenure.
.

Rob Crawford

7:52 AM, 25th March 2015
About 4 years ago

I don't think it's unusual to have an unemployed housewife/partner as a "permitted occupant" rather than as a tenant. But you don't mention what arrangement you have with her? In the case of this sort of event as a permitted occupant/or tenant's visitor you are not left with a tenant who cannot fund the tenancy. However, if she is employed or has access to sufficient benefits why not consider her as a future tenant? This would be once the property has been repossessed from the current tenancy in her husbands name. So serving the section 21 was the correct thing to do. If you don't want to take her on as a tenant then under the current arrangement she has no right to stay there. I don't think a letter to the council would do you any harm but make sure it is short & factual and deliver it yourself rather than give to the wife to do so. As Mark suggests legal advice would be useful - Joining the NLA and making use of there legal help line maybe the cheapest solution!


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