Wife signed new tenancy agreement
Submitted by IanM on Wed, 01/02/2012 - 13:39
For the past 4 years we have had a joint tenancy agreement with a letting agent, recently the landlady asked us if we wished to change the agreement to a private agreement. Also recently my wife and I have discussed divorce which looks almost inevitable. Over the past week I have found out that my wife has signed the new agreement solely, what rights do I have now? Also I have the housing benefit in my name since being made redundant last year does this make a difference? I have also always paid for our housing as I was the sole earner whilst she was in University, does this make a difference too?
You need to inform HB as
You need to inform HB as quickly as possible about your changed circumstances. If the tenancy agreement is not in your name, then you cannot claim HB, your wife will need to do it.
Who pays the rent, whether it be HB or you out of your own pocket, is not the issue here - it's who's name is on the tenancy agreement, and even though it seems a bit underhand of your wife to have signed it without you, it's still her name on the tenancy. Have you spoken to the LL about this and asked why you were excluded from the tenancy?
Essentially without your name on the tenancy agreement you possibly do not have any rights to stay in the property.
If your divorce/separation is inevitable, is it not possible for you to move out and rent another property? Your entitlement to HB would continue to exist, and you would be able to ask your LL for a reference if necessary.