Housing after a relationship breaks down

How can I qualify for the Housing Register?

Everyone who applies for council housing must satisfy the local connection and income and capital qualifications, which are explained in paragraphs 4 and 5 of the How the Housing Register Works leaflet. In addition, you must show a need for housing, and prove that it is impossible for you to continue to live in your home.

You should ask a solicitor to help you to keep your home, whether it is rented or owner-occupied.

The Family Law Act, which came into affect in October 1997, details your rights of occupation of the family home where your relationship has broken down.

Matrimonial home rights mean that even if a property is in your husband/wife's sole name, the non owner or tenant is able to remain, whilst the marriage continues. You can not be excluded or evicted except with the permission of the Court.

The Family Law Act also details your rights of occupation if have lived together or are living together as husband and wife, but have not married. Your solicitor will be able to advise you further regarding this.

You will be treated as a single person if you do not have a Residence Order or Residence Agreement for a child, and these notes explain how applications from both families and single persons are dealt with. For single persons, see in particular sections 10 and 11.

Will I need to have a divorce to apply for housing?

There are two categories in the Housing Register, the "deferred category" and the "active category". The deferred category is for those who qualify for the housing in due course, but who will not be offered a house before their circumstances have changed. The Active category is the list from which tenants for properties are selected.

You will have to show that you are taking legal action to end your marriage before your application can be considered for either list. A letter from your solicitor will be satisfactory.

You will not be considered for the active category until you have obtained a divorce absolute or a deed of separation, plus a Residence Order for your children, if your children are part of your application. Proof from your solicitor that you have a Residence Agreement with your ex-partner for any children to live with you will be acceptable, if you do not have a Residence Order.

Will I receive any points if I am in the deferred category?

If you are in the deferred category pending your divorce or the completion of a deed of separation, you will receive points for waiting time. These points will be added to any Housing Needs points which you may obtain after your divorce.

What happens if I cannot get a divorce?

If you cannot get a divorce or a deed of separation for some good reason, you will be asked to prove to the Director of Housing, Health and Leisure that your relationship has irretrievably broken down, by showing that you have lived apart for six months, and that it is not reasonable for you to get a decree absolute or a deed of separation.

Do I have to prove that my relationship has broken down if I am not married?

If you are applying for housing because your relationship has broken down, and you are not married, you will be asked to prove that you have been living apart for six months.

Will my points change when my divorce or separation is finalised?

When your divorce is made absolute and arrangements for any children have been finalised, you will be assessed for housing needs points, for example for sharing facilities in your parents home. Further details are in the How the Housing Register Works.

If you have a Residence Order or Agreement for your children to live with you, you will be placed in priority category 1, and if you do not have children, or have only a Contact Order or Agreement, you will be placed in priority category 2, (along with single people or couples without children) and receive half points in respect of your housing needs.

I will have nowhere to live and cannot wait to be housed. How can I be helped?

Do not give up your home without first checking whether you will qualify for housing

A) If you are single as explained above in paragraph 1, you must qualify for the Housing Register and wait until your turn is reached. In the meantime, you will have to find somewhere to live. Try local estate agents, lettings agencies and the local newspaper for a home to rent.

B) If you have a Residence Order or an agreement for a child to live with you, the staff in the Housing Needs and Advice Section will give you advice about how you can keep your present home, or how you can use your financial resources to rent or buy a home, possibly by shared ownership. You will be expected to act on all reasonable advice, and you will not be accepted to the Housing Register unless you have done so, and have been unsuccessful.

My present home is accommodation provided by the Ministry of Defence for serving members of the Armed Forces. How can I be helped?

Provided that you can satisfy the Council that your marriage has broken down ( see paragraphs 2 and 3 above) and the Ministry of Defence confirms you must leave your accommodation, you may be considered for accommodation within the points scheme.

My present home is owner-occupied. Will this effect my application?

Regardless of who is the owner of your home, you should have some legal rights, either to stay there with your children, or to a share in the equity, if it must be sold.

If your children are going to live with you, you should ask your solicitor to help you to keep your home, as part of the legal proceedings, because if you go on to the Council Housing Register, you will probably have to wait a considerable time for the tenancy of a house. In the meantime, you will have to live in temporary accommodation, which may be with your relatives, or in a hostel or bed and breakfast accommodation.

If you are accepted as unintentionally homeless you will be accepted on to the Housing register.

The rest of the notes in this section refer to those who are homeless and in a priority category, and the staff in the Housing Needs and Advice Section will be happy to let you know whether they apply to you.

If your partner is sole owner, and you are to receive some equity from the home, this will be taken into account when considering your application.

If the property has to be sold, or if you are to be given some money while your partner stays in the home, your share will be added to other sources of income when checking whether you qualify for the list. In addition, you will have to show that there is no alternative than to sell your home. This is important, as it is expected that you will make every effort to obtain a Property Adjustment order, or similar, to enable you and your family to stay in your home.

Your ability to purchase another home will be worked out by looking at your income from all sources, and how much mortgage you could obtain with this. The formula used to calculate how much mortgage you might obtain will be that used by the Nationwide Building Society, which is currently:

either 3 x the greater salary, plus
1 x the lower
or
2 1/4 the sum of both salaries.

Your potential mortgage plus your savings and any equity you have, or are expected to receive, will be compared to the average price of houses in the lowest cost part of the district. (We work out this average price every three months, by liasing with the local estate agents). If it is shown that you could purchase a home suitable for your family, you will not be accepted on to the waiting list.

If the Council can offer you a shared ownership home which you could afford using this calculation, you will be expected to purchase it, and will not then be accepted on the waiting list.

I wish to live on my own. How will my application be treated?

You will be classed as single if you are going to live on your own and you do not have children, or if your children's main home is with your ex-partner.

If you have returned to live with your parents, and your home is not statutorily overcrowded, and you do not lack bedrooms (assuming that you have made the best use of the bedrooms available), you will not qualify for the Housing Register. If you live with a stepparent, however, you will be considered for the Register.

The number of bedrooms needed is listed in the "How the Housing Register Works", and the Staff in Housing Needs & Advice Section will be happy to advise you on how this affects you.

If I am accepted on to the Housing Register as a single person where can I be housed?

A) If you are aged 16 to 30, you will be considered for the Vale House waiting list, unless you have a contact order for children. Please note that no allocation can be made under this list until you are at least 18 years old and subject to the points scheme. Vale House, in Aylesbury, is specially designed for single people. There are flats and bedsits, many of which are fully furnished. All have their own kitchen and bathroom. A Resident Manager lives on site, and there is a laundry and common room for residents to use. There is more information about Vale House, which you should ask for if you are admitted to this list.

B) If you are between 30 and 50 years old, you may state a preference either for a flat in Vale House or for a standard "general needs" flat.

C) If you are aged over 50, or have a contact order for your children, you will be considered for the main list for a "general needs" flat.

D) You may be nominated to a housing association (or registered social landlord) for a home. There is more information on housing association in the leaflet "How the Housing Register Works".

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