Social Housing Rules

[DJHawkes]

My daughter has a one bed flat from a housing association and has been there 4 years. Her BF has just sold his detached bunglow left to him when his father died, (he lived there too and was his father's carer for 8 years). Daughter and BF now want to move to a home together but he has 2 teenage children from first marriage and a 3 year old from an earlier relationship. There is no custody order in place as he is a great dad and has the 2 teenagers every other weekend now they are both at high school and for 2 weeks in the summer holidays and at half term. He has to split the house proceeds between other siblings and will not therefore have enough to buy another property and he does not want a mortgage as he is self employed now and has not established the new venture sufficiently to show accounts.
My daughter has therefore looked at doing a house swap and a couple who need to downsize due to the new 'bedroom tax' rules, have a 3 bed house with the same andlord and love my daughters flat, mainly because it has 2 huge lawned gardens, but anyway. The housing association rules on under occupancy seem strict as they say they want proof that daughter and bf will have the 2 older children 50% of the time. For proof they need court papers stating this or a solicitors letter confirming it, what letter can a solicitor write if there is no formal arrangement between the BF and his ex?

[Sharingan]

Draw up a quick formal arrangement down ( if things are amiable with his ex) and get it sworn in front of a commisioner for oaths? I think that'll cost diddly squat and might do the trick.

[sherrardk]

The main problem, from what you have written, is that they don't strictly speaking have the girls for 50% of the time. HA are really strict on the 'rules', no help I know but they won't even let you voluntarily live in a house too small for your needs either.

[DJHawkes]

It's a concern because those kids have grown up seeing their dad's family every other weekend since they were at primary school after their parents split, and fo course living in the bungalow it's been easy to do, but they need their dad more than ever now they are older and it has to work for everyone. If they have to rent privately they will but they are going to try for this swap first. I think the informal arrangement idea may work but i'm not sure whether the first wife works full time or is on some sort of benefit, i guess that would be important to find out before going ahead.

[Mamyalynne]

This is the sad truth Dotty, there are thousands of good Dad's who are having to pay for the room for the children to stay weekends - I know a few.

[New Judge]

Yes mamy.

And there are quite a few thousand more who have to pay for the room their children occupy seven days a week. I know quite a few of them too - it's called being a parent and taking responsibility for your children.

[Mamyalynne]

Fair point, I was replying in the context of the original question.

[friedgreentomato]

Why do they have to live in social housing?

If boyfriend is self employed why not move into private rented accommodation?

[cazzz1975]

Isnt this occupancy rule only on people in receipt of housing benefit? If he is self employed it shouldnt affect him? correct me if I am wrong please

[sherrardk]

Cazz - I presume as a couple with one child they are classed as two bedroom eligible and if they had the other children for 50% of the time they would be three bedroom eligible (regardless of who pays the rent).

[EvianBaby]

Sorry I'd I've misread your post but to me this just sounds like they're trying to milk the system. He doesn't care for his daughters 50% of the time. Is there a reason they can't just go and find some suitable privately rented accommodation?

[DJHawkes]

No there isn't any reason at all but my daughter already has a hosing association property and she is eligibleto swap and so she is taking up that option first to see if it works out for them. I don't believe they are milking the system, just exercising the right to swap tenancies with the authorisation of the landlord. Her B/F provides adequately for his children as far as i can tell, uniforms, school shoes, very generous at birthdays abd christmas. My daughter cannot have children herself and so this will be her family too going forward, and if they do marry in a year or so these will be my step-grandchildren I think!

[bednobs]

well, as you have said, he does not have them 50% of the time, so can't claim that he does, even a formal arrangement drawn up and sworn won't help because it won't prove he does have them all that time. The problem is (of course) that for the majority of the time, it will be a couple living in a 3 bedroomed house, which is 2 bedrooms more than they need (most of the time)
i think the only option is for him to move into her place and not have the children so often (or squeeze them all in when needed) or rent privately