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Original poster

Housing Benefit - Ineligible House?!?!

37 replies

artemis14 · 21/12/2018 09:35

Hello everyone,

Is anyone an expert on the process of Housing Benefit ??

I am a single mum - just gone through a separation from my son's dad, and 3 months ago I moved my son and I into a small 2 bed annexe (which is lovely, warm, dry and safe for my son). I work 30 hours a week.

So - it's just come to light that I made a mistake on my Tax Credit claim which means my TC's are being STOPPED, until April 2019. This has massive financial implications for us.

I don't claim Housing Benefit currently, because I took the lease on with the understanding I would NOT claim. This was a verbal agreement, not written. This was because the Landlord suggested at our initial meeting that he didn't have Planning on the annexe/was concerned he shouldn't be renting it out as a dwelling.

At the time, this wasn't a problem because I had enough TC to make ends meet but things are very different now.

My question is - Is the landlord JUSTIFIED in worrying that the Council will start looking into his property if I claim Housing Benefit?

I can't afford not to claim now - but I also cant afford to loose our home because the Council tell him to stop renting it out or fall out with him if they approach him and he finds out I have applied for HB despite our verbal agreement.

I appreciate in an ideal world I should not have moved into the property with a possible concern over the planning or dwelling status of the property - but at the time this was the best option in what was an urgent situation.

OP posts:
PoutySprout · 21/12/2018 09:38

I suspect you will have to move.

If you claim benefits for it being a dwelling from the council, and the council realises they don’t know anything about it, the landlord may well be forced to pull it down.

Villanellesproudmum · 21/12/2018 09:39

Tricky one, a friend of mine rented out her annex and then got into trouble with council tax and tv licence due to having its own entrance. Not sure how she got caught though but was up to all sorts of fraud, still is, her tenant wasn’t happy.

WhoTookTheChristmasCookie · 21/12/2018 09:50

Another one thinking you'll have to move.

What a shit situation. Your LL is acting fraudulently and it falls to you to try and sort it out.

Original poster
artemis14 · 21/12/2018 10:10

Oh god ... this is what I was dreading.

I am currently going through mediation with the ex about our son and the last thing I need is to have to move house at this time ...

My little boy loves the place perfect place to grow up -

... and I think I might have an actual breakdown if I have to move again !! (no joke!)

OP posts:
PoutySprout · 21/12/2018 10:18

If it doesn’t have planning then it also doesn’t have building regs sign off. It might fall down or catch fire of its own accord.

Move. Don’t reward this dodgy as fuck landlord!

AnchorDownDeepBreath · 21/12/2018 10:21

If it's not registered as a dwelling, you won't be able to claim to live there. There won't be a way around that; sadly.

Is there any way your TCs will be restarted? If so, you could try explaining to your LL and seeing if he'd rather have rent paid later than have to look for a new tenant or have you claim HB; but he might not go for it. To be honest, you've got nothing to lose though, right now you'll have to move again anyway.

Theyprobablywill · 21/12/2018 10:27

Yes, this I can foresee problems. How is your post delivered? I.e. do you have a separate postal address?

Original poster
artemis14 · 21/12/2018 10:36

My post comes to the main house, and he has told me I am registered on the community tax at his address - I suppose, like you would a family member or lodger (?)

I did some internet research and it seems you can claim as a lodger, perhaps I could do it from that angle...

I know I should probably move but after what I have been through I would rather try another way !! :(

OP posts:
PoutySprout · 21/12/2018 10:38

You’d need a lodging tenancyagreement which gives you far fewer rights than an assured tenancy agreement.

Earlywalker · 21/12/2018 10:41

So the house isn’t registered as a dwelling? A property needs its own council tax account to be Eligable for housing benefit.

You can claim as a lodger/in shared accommodation though.

Original poster
artemis14 · 21/12/2018 10:43

@Anchor Down - TC's will be restarted in April (£200 less than I originally thought i would be getting, but at least I will have that)

I have some savings so i can probably stay for a few more months before I am completely broke - but long term even once the TCs start again I don't think its sustainable without any additional income.

OP posts:
Original poster
artemis14 · 21/12/2018 10:44

I suppose I can't move out yet anyway even if I wanted to as I have a 1 year lease agreement.

I love this house so much. Gutted is not the word.

OP posts:
Sarahandduck18 · 21/12/2018 10:48

But if it’s nit a dwellings it’s not a lease.

As a lodger you can leave at one weeks notice.

Can you make a homeless presentation at your council?

PoutySprout · 21/12/2018 10:48

I suppose I can't move out yet anyway even if I wanted to as I have a 1 year lease agreement.

It’s bit worth the paper it’s written on in an illegal let!

PoutySprout · 21/12/2018 10:48

*not

Villanellesproudmum · 21/12/2018 11:04

I’d just make sure you do everything by the book, if it backfires it’ll be on the landlord not you.

Ellisandra · 21/12/2018 11:05

He’s a dodgy landlord so the last thing I’d be worried about the lease!

I very much doubt you’re registered for Council Tax. There’s no such thing as a community charge, and hasn’t been since 1993! You need to be more aware of what’s legal and not, and where you are registered. Are you registered to vote?!

Building regulations aren’t created for fun. If this landlord has no planning permission (not necessary required) or buildings regs certificate (almost certainly required) then you and your son may be sleeping somewhere that is not safe.

Honestly, I would be wary about even changing to lodger status at this point - the protection is almost zero and the rooms could be unsafe (I hope this annexe isn’t a loft conversion without required fireproofing). It may be the best thing all round to present as homeless. I think you should call Shelter for advice.

Original poster
artemis14 · 21/12/2018 11:06

@sarahandduck18 I went through the Homelessness Dept at the Council before this, and I had to contact agencies for properties on Right Move saying that I was part of the scheme, and they just didn't want to know, they virtually put the phone down on you.

The place I am in now (was) affordable, and more than I had ever thought I could give my little boy, nice garden etc - now its all at risk. Its so awful.

@EarlyWalker if I claimed as a Lodger of the main house would that be seen as okay? Or would I need a different sort of lease?

I did consider ringing HB office anonymously to ask similar questions to these to hear something from the horses' mouth !!

OP posts:
RCohle · 21/12/2018 11:07

I think you should speak to shelter for detailed advice about your situation.

I'd be wary of the advice here saying that any legal ramifications will fall on the landlord. It's true, but you'll still lose your home.

Bluntness100 · 21/12/2018 11:09

I doubt you can get round this, as if you say you live in the main house you may not be eligible and he may not be willing to declare you as a fully paying lodger.

As such, I suspect also you will need to leave, I'm sorry. As your landlord may not be willing to have you live there under these new conditions.

Earlywalker · 21/12/2018 11:10

Obviously you shouldn’t but yes, claim you can claim a lodger Within the legal house. Be prepared they may we’ll contact your landlord if they think it looks a bit suspicious (I’m guessing you pay more rent than the average lodger)
You’ll need a form of tenancy agreement too.

Notwiththeseknees · 21/12/2018 11:16

From memory, the Council Tax rules changes a few years ago and granny flats & annexes, all perfectly built and above board, were supposed to be assessed individually for CT, when previously they were nil rated. I believe it applies to those with individual entrances, rather than a door through from an inner hall type thing.
Once registered, the property can't be de-registered (unless he blocked up the entrance door). It could add up to £1,500 on an individuals bill, so unless he is committed to permanently renting it out I can see where he is coming from (although I am not saying he is right).
Could you explain that you & your son like the flat very much and wish to stay there for a long time and therefore it would be in both your interests to formalise the CT. if you were to have to leave, there is no guarantee the next tenant would be as accommodating.
Good luck!

lazymum99 · 21/12/2018 11:21

You need to contact Shelter. But I am not even sure that if your flat is completely self- contained with its own entrance you can get round this at all.

lazymum99 · 21/12/2018 11:22

The only thing on your side is that assured shorthand tenancy agreement for this is not worth the paper its written on and you can leave whenever. But check with Shelter before you act.

Theyprobablywill · 21/12/2018 11:49

I think if the accommodation is 'exclusive' i.e. you do not share any space with the landlord (including main entrance) it should be registered as a separate dwelling.

You appear to have a contractual agreement with the landlord, and, as I understand, this overrides any statutory rights, but I am not 100% sure on this

You may be able to get away with claiming as a lodger, but this would depend on the LA taking what they see at face value.

If the landlord is single there may be an investigation into it being a fraudulent claim as they will question why someone would leave a relationship to move in with a single man

You need to contact Shelter/housing advice charity ads you really need better advice than you can get off an internet forum