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Council house question

  • 18-01-2012 11:45am
    #1
    Closed Accounts Posts: 9


    I was wondering if anyone knows what would happen if myself and my partner split up and either himself or myself moved out?

    At the moment, we have a three bed house and it contains us and my daughter. He is not her biological father.

    I'm in a very unstable relationship and I was wondering if the council would take the house off of us if we end this? Will they give my daughter and I somewhere to live? Will they allow him to stay?

    Currently, he is adamant that I am the one that is leaving and this is HIS house.

    Can someone please help me out? Thanks a million.


Comments

  • Registered Users, Registered Users 2 Posts: 249 ✭✭slarkin123


    Going by what happened to my friend, her ex boy friend moved out. She had to take his name off the rental agreement before he could go back on the housing list. Now that was a good few years ago so it might have changed.


  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22


    Who's name/names are on the rent book?


  • Registered Users, Registered Users 2 Posts: 517 ✭✭✭Atlantis50


    uptohere wrote: »
    I was wondering if anyone knows what would happen if myself and my partner split up and either himself or myself moved out?

    At the moment, we have a three bed house and it contains us and my daughter. He is not her biological father.

    I'm in a very unstable relationship and I was wondering if the council would take the house off of us if we end this? Will they give my daughter and I somewhere to live? Will they allow him to stay?

    Currently, he is adamant that I am the one that is leaving and this is HIS house.

    Can someone please help me out? Thanks a million.

    Did he live in the house before he met you? If so, I doubt they'd throw him out.


  • Closed Accounts Posts: 9 uptohere


    Both of our names are on the agreement. We moved into the house together, at the same time.


  • Registered Users, Registered Users 2 Posts: 1,407 ✭✭✭upinthesky


    he doesn't have to take his name of the house unfortunately
    if he is willing to leave its fine you can carry on living there


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  • Closed Accounts Posts: 9 uptohere


    He is not willing to leave. Myself and my daughter are the ones who will have to leave. I'm wondering how it would work for us?


  • Registered Users, Registered Users 2 Posts: 1,407 ✭✭✭upinthesky


    oh ok well your best bet is to ring your council and ask whats best for you would they be willing to put you on the housing list again if they were you could get rent allowance and get a place of your own for now
    keep your name on the house until someone advises you on what to do because i think if you take your name of your not entitled to anther one again or for a few years anyway


  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22


    The council will not take back the house once the rent is being payed.If the person who remains in the property wishes to have the rent reduced they will have to produce a separation agreement.(drawn up by a solicitor ect).

    To get back on the council housing list a copy of the above agreement will be required.With the amount of people on the housing lists country wide it would be a minor miracle if your local council gave you a house straight away.


  • Closed Accounts Posts: 9 uptohere


    mp22 wrote: »
    The council will not take back the house once the rent is being payed.If the person who remains in the property wishes to have the rent reduced they will have to produce a separation agreement.(drawn up by a solicitor ect).

    To get back on the council housing list a copy of the above agreement will be required.With the amount of people on the housing lists country wide it would be a minor miracle if your local council gave you a house straight away.

    Thanks so much. We are not married though, so we would not be able to provide such a document.
    If I can get back on the housing list though, I would be entitled to rent allowance, yes? I would need the help until I get us back on our feet.

    Would the council really let a single man keep a three bedroom house for himself? This seems very unfair. I don't mean to me personally, but the house is in a wonderful area and is very well maintained and looked after. It would be a shame to think that a deserving family would not have the opportunity to have it, you know?


  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22


    uptohere wrote: »
    Thanks so much. We are not married though, so we would not be able to provide such a document.
    If I can get back on the housing list though, I would be entitled to rent allowance, yes? I would need the help until I get us back on our feet.

    Would the council really let a single man keep a three bedroom house for himself? This seems very unfair. I don't mean to me personally, but the house is in a wonderful area and is very well maintained and looked after. It would be a shame to think that a deserving family would not have the opportunity to have it, you know?


    As the two of you signed for the house and are on the rent book the council will look on that as common law husband and wife for the purpose of the rental agreement,and as such you will need a separation agreement.
    Rent allowance will be at the discretion of your local CWO again the said agreement will help in your claim for RA.(homeless if no RA issued ect)

    The council will not evict anybody from their accommodation because of a change in their relationship status,there are very strict rules regarding eviction from a local councils housing.


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  • Registered Users, Registered Users 2 Posts: 1,407 ✭✭✭upinthesky


    not sure if its different areas but when me and my partner split he went in took his name of the house all he needed was were his new address is. We split for about a year

    were back together now and he is living with me all he did was put his income on the rent review


  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22




  • Registered Users, Registered Users 2 Posts: 67 ✭✭Gickyk


    Sorry for hijacking your tread ! I am wondering if I can move a family member in to my council house immediately and then move out leaving them in the house .. I am not trying to pull a fast one here, the house in question belonged to our grandmother for 15 years I have lived in it for 4-5 years my circumstances have changed and I need to move out but it would kill me to see the house gone from the family as it is in the middle of the family farm, not to mention the sentimental attachment we all have to the house

    all help/comments welcome...


  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22


    Some county councils/corpo's say that a person must be named on the rent book for a minimum of 5 years before they can take over as the tenant.You will need to check the rules for your area.


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