Unfortunately relationships do go wrong and sometimes one or both partners need to make new housing arrangements. If this is happening to you, and you have lost or are going to lose your home, we may be able to help.

Joining the Housing & Transfer Register

We keep a Register, or waiting list, of people who qualify for housing in Aylesbury Vale.

To qualify for housing you must first apply to join the Housing & Transfer Register. Only when you have completed and returned the application form can we check whether you qualify.

For details please click on the link to How the Housing Register Works, below.

Contacts for advice

Contact the following for advice about housing after a relationship breakdown:

The Housing Advisor at AVDC, telephone 01296 585167.

The Citizens Advice Bureau in Aylesbury on 0870 1264056 or Buckingham on 01280 816707.

A local solicitor. Please follow the link below for a list of local solicitors who work within the Legal Aid framework.

The legal situation

The Family Law Act explains that:

Even if a property is in your husband/wife’s sole name, you can remain in it while the marriage continues. You cannot be excluded or evicted except with the Court’s permission.
You have rights of occupation of the family home if you have lived together or are living together as husband and wife, but have not married.

If you do not have children or have children who live with an ex-partner, you will be classified as a single person even if your children visit and stay overnight following a contact order.

Do you need to be divorced to apply for housing?

You can apply any time to join the Housing & Transfer Register but we will ask you for proof that your relationship has ended and / or legal action has begun.

If you have been married you need to prove you have Decree Absolute or Deed of Separation.
If you are not married, but were co-habiting, you need to prove that you have been living apart for six months.

Until you can provide the above, we would not consider you for an offer of a permanent home, but you can remain on the Register and gain waiting time points in the meantime.

What if you can't prove separation?

If you genuinely can't prove that your relationship is ended by taking legal action we may be able to consider you if:

You are accepted as statutory homeless.
You have been separated from your spouse or partner for at least six months.
You have been a victim of actual violence, domestic violence or proven threats of violence.

Help if you won't have anywhere to live

In the first instance you must do everything you can to stop yourself becoming homeless. Contact our Housing Needs and Advice team on 01296 585168 or 585197 before selling or leaving your home.

Our Budget Advice team, 01296 585168, can also help by advising on budgeting, checking that you are receiving all your benefit entitlements and negotiating with your creditors. Our Housing Advisor can explain your legal rights to remain in your home.

Domestic violence

You do not have to stay in your home if you or your children are unsafe because of the behaviour of your partner or a member of your household.

We may be able to help you with a place in a Women's Refuge or temporary accommodation if you need to leave home in an emergency. Contact us on 01296 585168. We will treat your details in complete confidentiality.

If you are living in Ministry of Defence accommodation

Provided that you can satisfy us that your marriage has broken down, and the Ministry of Defence confirms you must leave your accommodation, you may be considered for accommodation.

Please complete and return a Housing & Transfer Register application form so that we can assess whether you qualify.

If your property is owner-occupied

Even if your home is in your partner's name, you have a legal right to stay there with your children or share in the equity if it is sold. Contact a Solicitor immediately. Our Housing Advisor can give you initial advice on your rights call 01296 585167.

If your children are going to live with you, your solicitor can probably help you keep your home as part of the legal proceedings.

If your home is lost when it might have been saved, you may be classified as intentionally homeless and have to wait longer for re-housing.

The Citizens Advice Bureau offers advice about mortgage interest payments and income support. For more information on mortgages and income support please follow the link below to Adviceguide - Income Support.

Buying a home

We can give you budgetary advice to identify your ability to purchase another home. The formula used to calculate the maximum mortgage available to you is the greater of:

3 x the larger salary, plus 1 x the lower

or

2 .25 x the sum of both salaries

Your potential mortgage, your savings and any equity existing in your current home will be compared to the average house price in the lowest cost area of Aylesbury Vale. If this shows you could purchase a suitable home, you will not qualify for the Housing & Transfer Register.

Buying a shared ownership property

If the Council offers you a shared ownership home which you can afford, you will be expected to purchase it and we will not then accept you onto the Housing Register.

Contact our Home Ownership Officer on 01296 585270 for more information on shared ownership.

What if you want to live on your own?

You will be classed as single if you plan to live alone and you do not have children or if your children’s main home is with your ex-partner.

We will consider you for a one bedroom property and part of your housing need points will be based on where you are living now.

It may be possible to consider you for a two bedroom flat if you have a Contact Order or Agreement for your child or children confirming regular overnight visits from them.

Housing for single people aged between 18 - 50

If you are aged between 18 - 50 and qualify for one of the village Allocation Groups, you have the option of being considered for:

A flat in that Allocation Group.
Accommodation in Vale House, Aylesbury.
A flat in an adjacent Allocation Group (in exceptional circumstances).
Vale House in Aylesbury is specially designed for single people and consists of flats and bedsits, many of which are fully furnished.

 For details please click on the link to How the Housing Register Works, below.

Housing for single people aged over 50

If you are aged over 50, or have a Contact Order for your children, you will be considered for a 'general needs' flat.

You may also be nominated to a Registered Social Landlord (housing association) for a home.

Date Updated: 19/03/08