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Is it fraud if(disagreement with friend)

34 replies

Boardgamedust · 02/01/2025 16:17

After living in your house for some time, your landlord reduces your rent due to issues in the house. However you're claiming HB and you do not declare it to them, instead allowing them to continue paying the amount they were paying you despite your rent now being lower?

I think it is. Friend thinks it isn't (it isn't me doing this by the way)!

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Boardgamedust · 02/01/2025 18:21

LadyQuackBeth · 02/01/2025 18:08

My knee jerk reaction is that it is fraud.

However, it sounds very short term - more of a compensation for the tenant living in poor standards temporarily. I can see an argument that the person having to live with noise/without hot water should get that sort of compensation. It's only a rent reduction because the person causing the problem is also the landlord, so it can be done like that.

A large building near me was recently developed and local residents compensated. The money to fix the destruction of gardens etc was managed by landlords, but compensation for disruption and noise was for the tenants.

Btw, I still think it's fraud but I can see the other side.

It's down to an issue with another tenant (shared house). They have no signs of going anywhere and LL doesn't want/cant get them out so although it might be temporary-It's long term temporary.

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Boardgamedust · 02/01/2025 18:22

NigelHarmansNewWife · 02/01/2025 16:21

Presumably you have to prove what rent is being paid in order to get HB? And the rules probably state you need to notify any changes? In which case yes, it's fraud to accept more HB than you're entitled to.

I think it's also shit of the landlord to reduce the rent if there are maintenance and repair issues they're not dealing with and they've reduced the rent instead. Or is the friend supposed to use the difference between rent and HB to do the repairs themselves?

From what I know, you give them a copy of your tenancy agreement or something similar from the landlord. It's not repairs, It's a house share and the other tenant is being problematic.

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Boardgamedust · 02/01/2025 18:23

Ineffable23 · 02/01/2025 16:26

Does the rate they pay impact the amount of benefits they receive? I.e. there is a cap I think and most houses seem to be over the cap. If so I don't think it matters?

They are on other benefits, so I'd assume so.

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Boardgamedust · 02/01/2025 18:25

BobbyBiscuits · 02/01/2025 16:39

If the reduction in rent is meant to represent the fact the tenant is expected to pay for repairs and maintenance the landlord is unwilling to undertake, then I'm not surprised if they want to keep the HB the same. Presumably their home is of lower quality and still needs the stuff that was originally requested. The landlord may be breaking the law by letting out the flat at any price in it's current state. So maybe that's why they won't grass to the council.
Basically they're both in the wrong.

Maybe? I've just thought-wouldn't the landlord get into trouble for charging less and not declaring this to the HB department too?

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InformerYaNoSayDaddyMeSnowMeIGoBlameALickyBoom · 02/01/2025 18:28

Boardgamedust · 02/01/2025 18:25

Maybe? I've just thought-wouldn't the landlord get into trouble for charging less and not declaring this to the HB department too?

No, it's up to the the person claiming to keep everything up to date regarding incomings and outgoings. The landlord just needs to confirm the rent when asked.

BobbyBiscuits · 02/01/2025 19:05

@Boardgamedust I think so yes. Basically LL is obliged to make the home liveable to a certain standard, they can't drop the rent as an excuse to leave the home without proper facilities/unsafe etc. They're reneging on their legal obligations.

Boardgamedust · 03/01/2025 01:36

BobbyBiscuits · 02/01/2025 19:05

@Boardgamedust I think so yes. Basically LL is obliged to make the home liveable to a certain standard, they can't drop the rent as an excuse to leave the home without proper facilities/unsafe etc. They're reneging on their legal obligations.

It's to do with the other tenant. It's a shared place, these people happened to know one another in a different circle before the one in question moved in, but the one who was there before is being difficult in various ways and LL doesn't want to get them out or can't, I am not sure. So they've reduced person 2's rent as the house is not the nicest place for them. It's not repairs, just that the arrangement isn't as pleasant as it should be.

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Garlicnorth · 03/01/2025 01:48

Boardgamedust · 02/01/2025 18:20

I think not quite all, but most, just a few £ difference.

Housing Benefit's based on the Local Housing Allowance. This is low, so it's unusual for a private tenant to be getting all of their rent paid - there's almost always some more for the tenant to find.

It's really not likely that your friend's getting more HB than her new rent. She should still inform them that her circumstances have changed - but if she's going to have to spend more to make her home tolerable, I can see why she wouldn't.

Much depends on whether the landlord knows she's on HB, as s/he also has a duty to declare. If this is a temporary situation, they both might be best advised not to rock that boat.

Boardgamedust · 03/01/2025 10:34

Garlicnorth · 03/01/2025 01:48

Housing Benefit's based on the Local Housing Allowance. This is low, so it's unusual for a private tenant to be getting all of their rent paid - there's almost always some more for the tenant to find.

It's really not likely that your friend's getting more HB than her new rent. She should still inform them that her circumstances have changed - but if she's going to have to spend more to make her home tolerable, I can see why she wouldn't.

Much depends on whether the landlord knows she's on HB, as s/he also has a duty to declare. If this is a temporary situation, they both might be best advised not to rock that boat.

Now the amount has been reduced it is over a £100 difference. Not huge amounts I agree.

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