Cm, ex claiming benefits whilst earning

MaxwellCat · 2023-07-07T13:14:02+00:00

I already have a post about child maintenance but it seems to have been taken over by people arguing about things irrelevant to my situation so was posting here separately to see if anyone can help about my *actual* situation. My ex is claiming benefits, he is not working. As he has “priority debts” he doesn’t need to pay any maintenance. He hasn’t paid any since we split up 7 years ago as he just goes on and off benefits so when they catch up with him he comes off or he has debts so they won’t take anything (I’m convinced he is keeping himself in debt to avoid payments as he would really go that far to spite me) anyway this has been going on for a year since I reopened the case there has been no payments for a year despite being on benefits due to his debts (I reopened the case last July after getting fed up and closing it) but he isn’t just claiming benefits, he lives in a 3 bed HA flat and is renting out every room whilst he sleeps on the sofa he has never had our kids because of this and doesn’t see them. He told me he is earning 2 grand a month this way as he lives in zone 1 central London so as you can imagine the rooms can go for quite a lot of money. So what is he doing? Is this fraud? Claiming benefits whilst renting out rooms and getting 2k a month. Surely this is not allowed? What is the process to report this and what will happen if I do? I’m not trying to get him into trouble but I do want cms to look into the 2k a month or undeclared income (he is not declaring this) I would more than happily have the children 50/50 then he wouldn’t have to pay a penny but as it stands he has never even had them overnight since we split due to his “situation” he won’t have them at all the most he has seen them is during the day for a few hours (usually at mine but I’ve stopped that) but that is sporadic and he hasn’t seen them in 2 months as he has nowhere to take them so he just doesnt bother.

Starlightstarbright2 · 07/07/2023 14:16

I would report him to HA to be honest

snackqueen12 · 07/07/2023 14:29

Report him! Parents like this who dont care about their kids make my blood boil. Report him to the HA as it will be against the rules to sub let. Also the tax man will be interested too

Original poster

MaxwellCat · 07/07/2023 14:34

I have spoken to someone from his HA (unofficially though as she is a friend of my sisters who happens to work in the housing department for his LA) and she seemed to think he was allowed to do it? She wasn’t interested at all said his tenancy officer knows and he is allowed to rent rooms out so I’m not sure if I would get anywhere that way so I was thinking hmrc but I don’t have any evidence this is happening so will they even look into it?

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LaylaLjungberg · 07/07/2023 14:35

Report him to the council HA and report on the gov website for benefits. What a piss taker. Make a new email if you want to be anonymous and send as much info as you can.

Thetroublemaker · 07/07/2023 14:37

Sorry, how on earth did a single bloke get his hands on a 3 bed HA flat? There are families in hostel rooms waiting for housing. For this reason alone I don’t like your ex! He’s breaking so many laws here: housing fraud, benefit fraud from undeclared income, unlicensed HMO ( it’s the council if you wanna report that one).
with regards to paying maintenance for his kids, I wouldn’t hold your breath, it’s far too easy for absent parents to just not pay and I’m not sure I’d want my kids spending too much time with such a scammer and a grifter either. I think maybe cut your losses and enjoy raising your children to be decent hardworking folk with aspirations.

alternatively, you could use what you know to blackmail him, you want 400 a month else you’ll go tell tales on him? Only speak to him in person though, you don’t want anywhere any evidence you know incase you get in trouble.

Original poster

MaxwellCat · 07/07/2023 15:05

He would never go for blackmail, that wouldn’t work unfortunately.

He is not some sad desperate father who wishes he could see his kids more and I’m the evil mum stopping him because I want maintenance, I want him to have them, in fact 50/50 would be my absolute ideal (our children have disabilities which makes caring for them 24/7 alone very hard) as it stands he won’t even have them overnight and never has because he doesn’t want to stop what he is doing so he doesn’t even take them there at all, meaning he won’t see them because he doesn’t want to hang around on the streets with them as he has no base to take them to all his own doing and a very strange set up. The HA flat was his mothers who passed away and for whatever unknown reason it was given to him I cannot for the life of me understand why they let him take over the tenancy but they did. The flat is in the middle of central london not some run down council estate so the rooms can go for a lot of money he was bragging to me about how much he gets.

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Bunny44 · 07/07/2023 15:05

This is definitely illegal as the PP said! For sure benefit fraud as he's not declaring all income. Also really surprised he got such a large house as a single guy and my suspicion is he's claiming your child lives with him (is this possible?). You are not allowed to sublet HA houses either - this is totally illegal and immoral what he is doing. As the previous poster mentioned there are plenty of homeless families living in bedsits waiting for a place like this. He sounds like a total sponge.

Citizens advice bureau: "if your landlord is a housing association, the criminal offence of unlawful subletting apply to you if you have a secure, assured, assured shorthold or a demoted assured shorthold tenancy" - only exception is if he owns the home.

I live in Central London and there's unfortunately a large number of people doing this and I report them as I hear about them (usually by them offering to rent rooms to people I know for cash only).

Bunny44 · 07/07/2023 15:08

MaxwellCat · 07/07/2023 15:05

He would never go for blackmail, that wouldn’t work unfortunately.

He is not some sad desperate father who wishes he could see his kids more and I’m the evil mum stopping him because I want maintenance, I want him to have them, in fact 50/50 would be my absolute ideal (our children have disabilities which makes caring for them 24/7 alone very hard) as it stands he won’t even have them overnight and never has because he doesn’t want to stop what he is doing so he doesn’t even take them there at all, meaning he won’t see them because he doesn’t want to hang around on the streets with them as he has no base to take them to all his own doing and a very strange set up. The HA flat was his mothers who passed away and for whatever unknown reason it was given to him I cannot for the life of me understand why they let him take over the tenancy but they did. The flat is in the middle of central london not some run down council estate so the rooms can go for a lot of money he was bragging to me about how much he gets.

Sorry just saw you explained how he got the house. He must be claiming housing benefit to pay for the house and I assume he is paying the 'bedroom' tax for the supposedly empty bedrooms!

Bunny44 · 07/07/2023 15:09

Please report him for the good of society. He's never going to pay up CM either way but at least you will be helping another family and stopping him from being a drag on people's tax contributions.

I guess if you report him he may be forced to get a job and then he'll have to pay you.

Unexpecteddrivinginstructor · 07/07/2023 15:12

I am sure HMRC are happy receiving tax on all the income from his lodgers over £7500, I assume that they are aware.

Original poster

MaxwellCat · 07/07/2023 15:34

Thanks all I will report it, having a 3 bed house you would think he would want to have his kids there but nope. He once sent my son money for a game for his birthday and he sent exactly the price of the game £29.99 I was shocked that he wouldn’t have just rounded it up or even sent a bit more but I think he did that to prove a point that I won’t be getting a penny from him since that’s how he sees it rather than seeing it as money for the Children.

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Jongleterre · 07/07/2023 15:37

Report him but there will be a chance he then has the children overnight in the future and he doesn't sound the most responsible person, so I'm surprised you would be happy at 50/50 with your children who have had limited contact with him!

Original poster

MaxwellCat · 07/07/2023 15:39

I want him to have them overnight! I’m desperate for it.

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Reugny · 07/07/2023 15:42

Bunny44 · 07/07/2023 15:05

This is definitely illegal as the PP said! For sure benefit fraud as he's not declaring all income. Also really surprised he got such a large house as a single guy and my suspicion is he's claiming your child lives with him (is this possible?). You are not allowed to sublet HA houses either - this is totally illegal and immoral what he is doing. As the previous poster mentioned there are plenty of homeless families living in bedsits waiting for a place like this. He sounds like a total sponge.

Citizens advice bureau: "if your landlord is a housing association, the criminal offence of unlawful subletting apply to you if you have a secure, assured, assured shorthold or a demoted assured shorthold tenancy" - only exception is if he owns the home.

I live in Central London and there's unfortunately a large number of people doing this and I report them as I hear about them (usually by them offering to rent rooms to people I know for cash only).

He's not subletting if he lives there. They are lodgers and it is allowed.

What he's not allowed to do is benefit from any money they pay to him as rent. So he can only claim a small amount from them as rent.

Reugny · 07/07/2023 15:42

MaxwellCat · 07/07/2023 15:39

I want him to have them overnight! I’m desperate for it.

You can't force him to have his child overnight whether he lives on his own in a 3 bedroom house or lives with others.

Original poster

MaxwellCat · 07/07/2023 15:43

That’s what I’ve been told that he is allowed to do it but is it not considered a HMO? Which isn’t allowed?

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Original poster

MaxwellCat · 07/07/2023 15:43

Reugny · 07/07/2023 15:42

You can't force him to have his child overnight whether he lives on his own in a 3 bedroom house or lives with others.

Show quote history

I know I can’t I have begged and pleaded with him to have them. My response was to someone saying he may start wanting them over night like that is a bad thing.

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Reugny · 07/07/2023 15:46

Thetroublemaker · 07/07/2023 14:37

Sorry, how on earth did a single bloke get his hands on a 3 bed HA flat? There are families in hostel rooms waiting for housing. For this reason alone I don’t like your ex! He’s breaking so many laws here: housing fraud, benefit fraud from undeclared income, unlicensed HMO ( it’s the council if you wanna report that one).
with regards to paying maintenance for his kids, I wouldn’t hold your breath, it’s far too easy for absent parents to just not pay and I’m not sure I’d want my kids spending too much time with such a scammer and a grifter either. I think maybe cut your losses and enjoy raising your children to be decent hardworking folk with aspirations.

alternatively, you could use what you know to blackmail him, you want 400 a month else you’ll go tell tales on him? Only speak to him in person though, you don’t want anywhere any evidence you know incase you get in trouble.

Not necessarily.

Depending on when he inherited the house is whether he can get away with staying there and as he's got lodgers in the rooms the house is now not too big for him, so he doesn't have to pay bedroom tax.

If he's doing it to not get noticed by the HA then he will ensure the lodgers pay council tax. Then say he's only getting some ridiculously low amount from them in rent so he can claim housing benefit.

cestlavielife · 07/07/2023 15:47

Hmrc
He needs to declare if more than 7k a year in rent a room

Reugny · 07/07/2023 15:48

MaxwellCat · 07/07/2023 15:43

That’s what I’ve been told that he is allowed to do it but is it not considered a HMO? Which isn’t allowed?

Different LAs have different rules about HMOs.

It's a minefield. I actually wanted to report a property near me due to the parking problems they were causing, and found I couldn't. In the end one of the tenants, who works in property, kicked up a fuss with the landlord and 4 of them moved out. The place is for 3 people and 2 of them had their partners there 24/7.

Reugny · 07/07/2023 15:54

he just doesnt bother.

Thing is OP he's an a-hole.

Reporting him to various authorities particularly if they start an investigation won't get you what you want.

You are just going to bring your children up and let them understand how useless their father is.

Jongleterre · 07/07/2023 17:00

I understand you might need a break but this man is really not being described by you as being someone responsible enough to care properly for your precious children.

I also don't think you'll ever get any money out of him. He's decided he won't be paying you but has also told you he gets 2k from renting out his rooms.

Why would he be so stupid to admit that to you, seeing as he doesn't pay you maintenance?

I don't believe he is sleeping on the floor either. Dodgy people often have their fingers in many pies and it's not in your children's best interests for them to suddenly be under his care and influence for 50% of the time.

Original poster

MaxwellCat · 07/07/2023 17:04

He isn’t sleeping on the floor he sleeps on his sofa and I know for a fact this is happening (I’ve witnessed it) and I know for a fact there is lodgers there again I have witnessed it and he has admitted to it this isn’t something he is making up. It’s common to rent out rooms in flat shares and that’s what he is doing considering he has a 3 bed house in zone 1 why would he not try to make money off it? He was bragging to me about the fact he would never work as he gets the same as what his friend does who works in security he was bragging that he gets the same by not working so “why should he”

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Original poster

MaxwellCat · 07/07/2023 17:07

He isn’t going to have them 50/50 that’s never going to happen I’m just making a point that I am not prevent access and never would it’s him that doesn’t want them there because then he couldn’t do what he wants to do he doesn’t want to work the rooms can go for 700/800 a month he would sleep on his sofa for an extra £800 a month difference as he use to only rent out two of the rooms.

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LadyJ2023 · 07/07/2023 17:15

The room renting is illegal. The child maintenance I had exact same problem 13 years ago so I gave up after a year and brought son up alone.Not sure why you want them to see a father who can't be bothered. I would be picking more positive influences in there lives tbh