Housing Options for Single Parents December 2018

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1 Free Lone Parent Helpline Housing Options for Single Parents December 2018 Whether you rent or own your home will depend on your circumstances and financial situation as well as your preference. This factsheet covers renting, home ownership and what you need to consider if you want to leave or stay in the home you ve shared with your ex-partner. Renting your home Renting from the council, housing association or co-operative Anyone over 16 can apply to rent a council, housing association or co-operative property. This is done on a form available from your local council. If your council operates a common housing register you can apply for housing from these three social landlords on the one form. You normally need to have a connection to the area in which you want to rent for your application to be accepted. Things like working in that area, your children attending school there or needing to live near family are taken into account. Housing is usually allocated on a points system. You will receive a booklet explaining how this works with your application form but basically points are awarded according to need. It is important to include all relevant information when you apply as the more points you have the greater your priority so the quicker you will be offered housing. Some councils ask you to bid for a property you want. If more than one person is interested in the same property it will usually be given to the person who has been waiting the longest. You do not have to accept a property you are offered but turning one down, without a good reason, could affect when or if you are offered others. Once you have been allocated a property you will be given a tenants handbook. This will give details of your tenancy agreement, how to pay your rent, your responsibilities as a tenant and the council or housing association s responsibilities as a landlord. Housing Options for Single Parents December

2 Renting from a private landlord Privately rented accommodation is generally more expensive than renting from the council or a housing association, but it may give you more choice. When you rent privately you will be entering into an agreement with your landlord. This written agreement will include contact details of your landlord, the amount of rent you have agreed to pay, when it should be paid and the type of tenancy you have. It may also contain information on other things like details of a deposit, furniture provided and who is responsible for decoration. Your landlord may not give you a written tenancy agreement but you still have the same rights. Types of tenancy Assured and Short Assured Tenancies were given to tenants who started renting before 1 December These tenancies stated when the tenancy would end. If your tenancy starts after this date you will have a Private Residential Tenancy. This does not have an end date so you can leave when you choose to unless your landlord has obtained an eviction order. All landlords have a responsibility to ensure your home is wind and watertight and to carry out repairs when and where necessary. Eviction Order Your landlord may request an eviction order from the First-tier Tribunal for Scotland Housing and Property Chamber if they want you to leave the property you rent from them. Grounds for eviction include you not paying your rent, breaking the terms of your tenancy agreement or a major refurbishment is needed that cannot be done with you in the house. If you receive an eviction order get professional legal advice. Renting when you require special equipment or modifications to your home If you, or a member of your family, have a disability or medical condition requiring special equipment or modification to your home you may get help from the council. Your local council s social work department will carry out an assessment and draw up a care plan detailing what services, equipment or alteration to your home you need. How quickly the assessment is carried out depends on your circumstances. What the council will supply and what you need to pay for depends on the council s guidelines, your income and savings. Visit your local council s website for further details. Housing Options for Single Parents December

3 Leaving or remaining in the house you rented with your ex-partner When you separate from your partner you will need to decide if you wish to stay in your home or leave. If you wish to leave, or if both you and your ex-partner agree that you remain, this may not be a problem as long as your landlord is happy for you to continue with the tenancy and you are able to pay the rent. If you and your ex-partner cannot agree who remains in the family home you could both leave or the matter could go to court to decide who stays. Applying for a transfer of tenancy If your ex-partner or landlord do not agree to you taking over the tenancy you can apply to the court for a transfer. You should get professional help to do this from a solicitor or other legal service. The court will decide if the tenancy can be transferred to you based on both you and your expartner s circumstances including the needs of your children, your financial situation and the behaviour of you and your ex-partner. Paying your rent Depending on your circumstances you may get housing benefit, or universal credit, to help pay your rent. The amount of help you get is based on your income including earnings, tax credits or universal credit, the number of adults and children in the house, your rent and where you stay. You will not get help to pay your rent if you have savings or capital over 16,000. If you have savings or capital between 6,000 and 16,000 any help with rent will be reduced. Capital includes property you own that is not the house you live in and some one-off payments such as statutory redundancy. Help with renting from the council or housing association If you are receiving income support, income based jobseekers allowance, income related employment and support allowance or universal credit and you are not working you are likely to have your rent paid in full if you rent a council or housing association property with the appropriate number of rooms. Housing Options for Single Parents December

4 Help with renting from a private landlord Help with rent for privately rented property is calculated on the maximum amount the local council decides is right for that property. This is called the local housing allowance or LHA. The amount is based on the number of rooms the council says you need and is different in each local authority area. If your rent is over the LHA you will have that extra amount to pay even if you qualify for full help with your rent. For example if your rent is 150 per week and the LHA for your circumstances is 120 per week the most you will get towards your rent is 120. This amount may also be reduced if you are working. Paying rent in advance and rent deposit Private landlords often ask for a rent deposit and a month s rent in advance. This can amount to a substantial amount of money so you should ask for help from your local council. There may be help via rent deposit schemes or from discretionary housing payments (see below). Help to pay rent from universal credit If you receive universal credit rather than tax credits you will not receive a separate amount of housing benefit. Any help towards your rent will be included in your monthly universal credit award. See the Universal Credit factsheet for more details. How other adults in the house affect help to pay rent There may be reductions in the help you get to pay rent if a working adult of 18 or over also lives with you even if that person is your son or daughter. This is called a non-dependant deduction. The amount of the deduction depends on the person s earnings. There are no deductions made for 16 or 17 year olds or for 18 to 25 year olds in receipt of income support, income-based jobseeker s allowance or income-related employment and support allowance without the addition of a component. The bedroom tax You may not qualify to have your full rent paid if you live in a house with more bedrooms than the council says you need. A reduction of 14% will be made to your maximum housing benefit if you have one extra room and 25% for two or more extra rooms. You can apply to your local council for discretionary housing payments to meet this shortfall. Although the housing officers can normally decide who can or can t receive these payments the Scottish Government has instructed that they have to be paid to tenants in council and housing association properties who are affected by the bedroom tax. Households where there are pensioners, carers, overnight carers, approved foster carers, parents of adult children in the Armed Forces who are still living at home, people in shared ownership properties and people living in caravans or houseboats will not be affected by the bedroom tax. Housing Options for Single Parents December

5 Discretionary housing payments You can ask for discretionary housing payments if you have been affected by the bedroom tax, benefit cap, need to pay a rent deposit or rent in advance or are at risk of becoming homeless. There are other situations where help may be given so it is always worth talking to your local council housing department if you are having difficulty paying your rent. Payments can be made regularly or as a one off. How much you get will be based on your individual circumstance. The benefit cap The benefit cap limits the total amount of money that can be paid to you from certain benefits. For single parents the cap is 385 per week. If your benefit entitlement totals more than this weekly amount, help towards paying your rent will be reduced. If you are not entitled to housing benefit or universal credit the cap is not applied. The benefit cap is not applied if you are receiving: Working tax credit Universal credit and have an income of 520 per month or above Employment and support allowance (support group) Limited capability for work and work related activity element of universal credit War widows and widowers pension Disability living allowance Personal independence payment Industrial injuries disablement benefit Guardian s allowance Carer s allowance, an underlying entitlement to it, or the carer s element in universal credit. The benefits taken into account for the benefit cap include the following: Income support, jobseeker s allowance, employment and support allowance, housing benefit Bereavement allowance, maternity allowance Child tax credit and child benefit Universal credit Widowed parent s allowance and widow s benefit. Contact the Lone Parent Helpline for Information and advice on help to pay your rent. Lone Parent Helpline: Housing Options for Single Parents December

6 Owning your home Buying Before you decide you are ready to buy a property, you will need to think through several things such as where you would like to live, is it near the children s school or your work, the size of property you need, as well as any other requirements that you can t compromise on. Most importantly you will have to work out how much of your salary you are able to put to a mortgage each month. At this stage you should make an appointment with a mortgage lender to see how much you are able to borrow and the type of mortgage that is best suited to your needs. Once you have decided what you can afford you can have a mortgage agreed in principle and then start looking for your new home. Staying in, leaving or selling the family home When you and your ex-partner separate your rights to stay in, leave or sell the family home depends on who owns the property and your relationship status. Who owns the family home? The title deeds The person who owns the property is the person whose name is on the title deeds. The property can be owned solely or jointly and if you and your ex-partner own the property jointly, both names will appear on the title deeds and you both have occupancy rights. It is possible to have title deeds amended but there is a charge to be paid to the land register. Your solicitor can arrange this. Relationship status You have occupancy rights to your home when you are married, in a civil partnership or have a legal agreement giving you them, even when your name is not on the title deeds. This means that although you do not own your home you may be entitled to a share as part of divorce proceedings. If you are not married or in a civil partnership then generally you do not have a rights to the property. Housing Options for Single Parents December

7 Right to stay in the family home If your ex-partner owns your home, and you don t have occupancy rights, even though you have children together, then your ex-partner will be able to evict you without having a court order. You must be given reasonable notice to leave. If you don t want to leave the property you should get advice from a family law solicitor who can apply immediately, to the Sheriff Court, for occupancy rights. The Sheriff will make the decision to grant you occupancy rights or not. Occupancy rights are given for a set period of time, based on your circumstances, but you can apply to extend the time period. You have the right to remain in your home when your name is not on the title deeds but you are married/in a civil partnership or have occupancy rights. You can only be forced out of your home by a court order. If you feel you are being forced out by your ex-partner you should get legal advice on what to. Leaving the family home If are not married or in a civil partnership, are not the owner and don t have occupancy rights you do not have any responsibility for the property you are living in. You can leave when you want to without needing to agree with your ex-partner about what happens to the house. You should, however, get advice on any money that you have paid towards the mortgage, repairs or improvements to the property that you may be entitled to have refunded. If you are married or in a civil ex-partnership and you or your ex-partner is the sole owner of the property, then you both need to agree on what you want to do with the property after you separate. However, if you live together and one of you is the sole owner, the owner can decide without the other s agreement. Selling the family home You both must agree to sell your property if it is jointly owned. If you don t agree then you should speak to a solicitor about going to court to decide what should happen. Being a joint property owner doesn t mean that you automatically get half the proceeds. The amount of money you receive depends on several things like, who owns what percentage of the property (this will be noted in the title deeds) or whether one of you has paid more into the property since you bought it, for instance for repairs. Your solicitor will advise you on this. If you can t agree over proceeds of the sale, your solicitor can ask the court to decide how the proceeds are to be divided. Housing Options for Single Parents December

8 Paying the mortgage when you separate If you and your ex-partner own the property jointly then you are both responsible for paying the mortgage. If one of you owns the property, but you have a joint mortgage, you will also both be responsible for paying the mortgage. When you separate you will need to decide who, if either of you, wants to remain in the house and take on the mortgage. When your ex-partner is the owner and sole name on the mortgage and they move out you need to contact your solicitor and mortgage provider as soon as possible to see if you are able to take the mortgage on yourself if you wish to remain in your home. Speak to your mortgage lender if you are having difficulty paying the mortgage as they may be able to reduce your payments for a period or alter the way your mortgage is paid, e.g. interest only. If you are in arrears with your mortgage, again let your lender know. You need to get advice as soon as possible to avoid penalty fees for late or missed mortgage payments. Help to pay your mortgage Support for Mortgage Interest Loan If you own a property and are in receipt of income support, income-based jobseeker s allowance, income-related employment and support allowance, universal credit and not earning, or pension credit you may be offered a Support for Mortgage Interest (SMI) loan. The maximum loan you will be offered is for a mortgage of 200,000. The loan will be paid as long as you remain entitled to a qualifying benefit and it must be repaid when you die or sell your home. You can choose to stop receiving the loan at any time. You will need to decide whether you want to take up the offer of the loan or pay the interest on your mortgage yourself. Contact Money Advice Scotland for details of local agencies to get free financial advice info@moneyadvicescotland.org.uk Do you need to go to court? You and your ex-partner might be able to sort out what happens with your family home after the breakup without having to go to court. It would certainly be cheaper and quicker, but it might be that your home and other financial matters are tied up in a divorce or dissolution so it would be advisable to get some legal advice before you make any decisions. If you and your ex-partner are not married, or in a civil partnership, and only one of you is named on the deeds then it is usually only that person who has a claim to your home but again you should seek legal advice. Housing Options for Single Parents December

9 Domestic abuse If you are married, in a civil partnership or your ex-partner s name is on the tenancy agreement or deeds to your home they have occupancy rights and therefore you cannot prevent them from entering the house unless you obtain an exclusion order from the court. If your expartner s behaviour is abusive this may breach the tenancy agreement and be grounds for eviction. If your ex-partner has no legal right to be in the home you can ask them to leave and call the police for assistance if they refuse. You can also change the locks. If you are in imminent danger call the police, from a landline or mobile, on 112. If you have to leave your home due to domestic abuse you should contact your local council. They will offer you temporary emergency accommodation. This can be in the area you live or in another local authority. You will then have to make a homeless application and have a meeting with a homeless officer to discuss your situation and options which may include returning to your own home or applying to the council for permanent rented accommodation. Contact Scottish Womens Aid for support, advice and information if you have been affected by domestic abuse. Domestic Abuse and Forced Marriage Helpline Scotland: Housing Options for Single Parents December

10 Dividing belongings, assets and debts As well as your home there may be other property, assets, belongings and debts that you and your ex-partner need to consider. How your belongings and assets are divided can depend on whether you are married, in a civil partnership or living together among other things. It is always best to get advice. Dividing your belongings As part of a couple you may have collected a lot of possessions such as furniture, ornaments and even kitchen appliances that need to be shared when you separate. Items that have been given to either of you specifically will belong to that person but other possessions will need to be divided. If you are finding this difficult to do, particularly if the possessions you are arguing over are valuable, it is best to get help from your solicitor although this could be lengthy and expensive. Legal advice should always be sought if you have property, business assets or pensions as dividing these is complicated. Debts It is advisable to seek help from an expert debt adviser or solicitor if you have accumulated debt while with your partner as it is not always obvious who is responsible for particular debts. A debt adviser will not only tell you which debts you are liable for but can also help you reduce how much you owe so get advice as soon as possible. For help dealing with debt contact your local Citizen s Advice Bureau, local council or call National Debtline: National Debtline: Housing Options for Single Parents December

11 Help to furnish your house Scottish Welfare Fund You may be able to get a community care grant or a budgeting loan from The Scottish Welfare Fund to buy things you need for your home. Applications should be made through your local council. You can phone them or visit their website for details but your application is likely to be more successful if you get help from a Citizens Advice Bureau or a Welfare Officer at your local council. Community care grant The scheme can pay out cash grants or assistance in kind such as fuel cards, food vouchers, travel permits, loaded store cards for the purchase of white goods and furniture. Each local authority can use its discretion on the type of help it provides. Applications are by referral or self-referral and can be made face-to-face, by telephone, by on-line application form or by downloading and posting a form depending on the contact options your local council uses. You must be 16 years or over to apply. Applicants should normally be in receipt of income support, income-based jobseeker s allowance, income-related employment and support allowance, savings pension credit, guaranteed pension credit, or universal credit but this is not essential. The key test of eligibility is retaining or establishing a settled way of life in the community. Budgeting loans Budgeting loans are interest-free loans to purchase items such as furniture, household equipment, clothing, maternity expenses, funeral expenses, rent deposit, removal expenses, travelling expenses, etc. You must be receiving one of the following for a period of 26 weeks: Income support Income-based jobseeker s allowance Income-related employment and support allowance Pension credit A budgeting loan is reduced by any capital you have above 1,000. The minimum loan is 100 and the maximum is 812 for those with children. Applications for a budgeting loan are made on form SF500. Get the form from: Your local Jobcentre Plus Housing Options for Single Parents December

12 Useful contacts Citizens Advice Bureaux Offer information and advice on a range of issues including welfare benefits and debt. Citizens Advice Direct: Local Council Welfare Rights Officers Each local council employs officers who offer benefit information, advice and support. Contact your local council for details. Lone Parent Helpline Lone Parent Helpline: National Debtline National Debtline: Scottish Welfare Fund Families in need or crisis may be able to get financial or practical support from this service. Contact your local council for details of the help available and how to apply. Shelter Scotland For information and advice on housing issues contact. Helpline: Women s Aid Domestic Abuse and Forced Marriage Helpline Scotland: Supporting and inspiring single parent families across Scotland For further information about OPFS or our services, please contact: One Parent Families Scotland, 2 York Place, Edinburgh, EH1 3EP Tel: info@opfs.org.uk Helpline: Helpline helpline@opfs.org.uk Visit our website at More help from OPFS You may also be interested in these related information packs available from OPFS: Separation and Divorce Money for Single Parents Money If You Are Working Universal Credit Call the helpline on , or download them from. We have done our best to ensure that the Information contained in this factsheet is correct at the time of publication. Please check dates and details before use. This factsheet is not a comprehensive guide to the law, nor a substitute for legal advice. We cannot accept responsibility for any loss or damage that may arise from your use of services offered by third parties. One Parent Families Scotland is a charitable company limited by guarantee. Registered at Edinburgh, No Registered Scottish Charity No. SC