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taking back her kids

I've been married for 3 months now, but before that I was living with my parents and he was living in a council property (on his name) with his four siblings because he is legal guardian (as his mum was in prison). Now his mum applied for housing benefit and has a 1 bedroom flat that she rents to us for £340 a month while she's living in the council property for free. We have a 2 month baby and the property we are living in now, has damp, the boiler doesn't work and the heating doesn't work either. As we're on a low income, I wanted to apply for housing benefit, but unfortunately can't because my husbands name is on the council property that his mum and siblings live at. How can I mention to him to remove his so we can apply for housing?