To think you can get housing benefit if name not on lease?

[nanatotwo]

Asking for a close relative whose partner has left her with a small child. She was a SAHP although has minimum wage part time job whilst DC at nursery. The lease on their house is in partners name but he wants out as very expensive and suggests she moves to smaller property. She wants to stay there but can't get the lease in her name as little income. If she applies for benefits will they pay the rent on the property? Or will DSS expect her to move into a smaller (cheaper) property? Really out of touch on how this works.

They will see it as her subletting from him. As he is fanily due to being childrens father wont be allowed.

Not to mention she is also leaving her self so vunerable not being on the lease.

It depends on what size the property is, are there kids involved etc.

Basically under 35 and no kids she will only be entitled to shared room rate

Over 35 and no kids, 1 bed rate

Any age with kids depends on kids ages and sex. So 1 kid she would get 2 bed rate, 2 kids of same sex and under 16 she would still only get 2 bed rate, 2 kids of opposite sex where eldest is under 10 still only 2 bed, if eldest is over 10 she would get 3 bed

Rates differ on area but would need more specifics to help.

As for name on lease, it's tricky as different areas have different requirements but if she is in a live universal credit area she may not have to be it

HB regulations are quite clear that, even if you are not legally liable to pay rent, you are still eligible for housing benefit if you would be at risk of losing your home without it.

Unfortunately, councils are often unaware of this and I've had to cite the relevant regulation when challenging their decision that there is no entitlement.

If I was at work, I could look up the relevant reg, I'll try and remember to do it tomorrow.

The thing is that housing benefit (Local Housing Allowance, as it's known) is capped. If she is in a very expensive property, it's very likely that the rent will not be covered entirely by LHA. She will need to top it up from her own funds - earnings/benefits. So she probably won't be able to stay there anyway. LHA varies by council so she will need to look on her council's website to see what the LHA limit is.

Regardless of the benefits situation, she is putting herself in a very vulnerable position to continue living in a house where she is not on the lease, and an abusive partner is. He will have the right to enter the property.

I agree that I worry she is leaving herself vulnerable to her partner... And housing benefit doesn't pay unlimited amounts based on liking the house, it's to make sure you have a safe place to live not to make sure you have your dream home.

I do really feel for her though, it's a shame to have to move with a LO and bad/absent partner :-( hope everything works out ok for her

There is also the potential issue of the the landlord allowing tenants in receipt of housing benefit if this is a new situation? I am not able to rent to a tenant in receipt of benefits as it invalidates my insurance and buy to let mortgages often have the same issues. She will also be unable to renew the lease if it is a standard one year contract.

Thanks for the replies. She is adamant she wants to stay there but realistically it is too big for her needs. One DC 3yrs but in a large 4 bed. She thinks housing benefit will pay but I wasn't sure, hence my question. If she moves out will she even find a landlord to rent to her with very low income and claiming benefits? At present her ex is paying as on the lease but when the break clause comes up he will remove himself, although says he'll pay for somewhere smaller.

She won't get a 4 bed paid for her if she only has one child, surely. Isn't that what all the talk of "bedroom tax" was about?

Trouble is housing allowance doesn't usually cover all the rent anyway for example in my area the LHA for a two bed property is £484pcm but you can't realistically rent anywhere privately for that much. You can find what the LHA is for your area pretty easy online.

I work in this industry and yes there are people who let to low income and benefit families. But as above, she will only be entitled to 2 bed rate which in the area we deal with is about £92/week but different councils have different amounts depending on the average rental cost in the area. It is exceptionally unlikely she will be able to afford to remain in a 4 bed house as the top up she would have to pay would be astronomical

HB will pay her the rent on whatever the 30th centile of a 2 Bed property is in the area. It won’t cover most of the 2 bed flats she can find let alone a large 4 bed.

Whether she’s on the lease or not is likely to be the least of her worries.

She can be as adamant as she likes but there is no way on this Earth that LHA will pay for her to stay with 1 child in a 4-bed house that's expensive. She'll only be eligible for LHA for a 2-bed and the cap is usually set at the lower 30% or so of private market rents.

She would not receive HB for a four bed property when it's just for her and one child. If she wants to stay there she will need to work full time and pay for it herself. If the ex is offering to pay for somewhere smaller, she should grab it with both hands.

She's in denial and wants to keep the status quo. I just wanted some facts to present to her rather than going round in circles without a clue what's what. Of course she is upset but we also need to plan what to do and it's useful to have facts on what she might be entitled to. Thanks again all

@apostropheuse Bedroom tax applies to Council & Housing Association properties only. However you are quite right that Housing Benefit will NOT pay for a 4 bed house! Otherwise we'd all be giving up our jobs and sitting in 4 bed houses at housing benefit's pleasure!

@nanatotwo Your friend will get between £25-£80 per week towards whatever the rent cost is. That's if she's not working. Less if she is.

Is she claiming child maintenance from the father of the children. I agree, social services will not fund property bigger than her immediate needs. Is she married ?

@nanatotwo Go to entitledto.co.uk and enter an example of her situation into the benefit calculator. In front of her. You'll get a total figure

@Lim3Trousers SOCIAL SERVICES?!?!?!

What on earth does Housing Benefit have to do with Social Services?

If she isn't on the tenancy agreement she is not liable for the rent so housing benefit cannot be paid x

No if she wants take an assured shorthold tenancy in her own name ( this is not a lease) she is assessed in her own right for affordability and would have to apply for HB. Nothing to do with Social services at all! D=She has to ask her landlord to consider her, credit check etc

I've been on housing benefit. No way will they pay for a 4 bedroom, they will only pay for a 2 bedroom. When me and exh split up I had to move out of our 3 bed house into a 2 bed flat. She needs to look up what her local housing allowance is for a 2 bedroom property.

You need to warn her though that very few landlords accept it now. I was very lucky to get mine.

The maximum she'll be entitled to is the local housing allowance for a 2-bed property for the area she lives in. You can find out what this on www.gov.uk.

How much of that she'll get depends on how much her income is, ie net pay and tax credits. I doubt if it'll be much though.

Powerless I see, thanks for clarifying. I don't rent, so wasn't sure!

@apostropheuse I am SO jealous of you!