Housing Benefit - Ineligible House?!?!

[artemis14]

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.

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 couldn’t be more wrong.

Statutory rights cannot be overridden. They always apply. You can add extra rights in a contract.

Just as an aside- did you pay a deposit? If you have has he put it in a tenancy deposit scheme? Would hate for you to lose a deposit too

Sorry, I wasn't clear, statutory rights can't be taken away, but there can be additional contractual rights - as with. statutory and contractual maternity pay.

What I meant was the landlord may have problems kicking her out before the contract expires.

Get advice from Shelter about your housing rights.

Another person saying to contact Shelter.

Don’t worry about what you have signed or having to stay for a year. The agreement you have signed isn’t valid if the property is being let illegally.

Have you paid a deposit?

You can’t be a lodger as you are not sharing common areas ( like a living room and bathroom ) with your landlord and he's not providing services like laundry or meals.

I’m afraid that will will probably have to leave your accommodation but Shelter will help you put in a homeless application with your council. You will be priority as you have a child.

Looks like you will have to leave if you don't want to get the landlord in trouble - although he is committing fraud by building illegally, pretending you are a relative etc, thus avoiding having to get planning permission, paying council tax etc like us ordinary mortals. As PPs say surely any contract you have with him is void as it's not legally a separate dwelling. You're more like a lodger. I'd leave then report him.

If you want to stay can you not up your hours or get a second job if you're only working thirty hours at the moment? I would if it meant staying somewhere good for my children.

Are you paying council tax?
If not then possibly this is what your landlord is trying to evade

Do you have a separate kitchen in your annexe?

I would if it meant staying somewhere good for my children.

The annex is illegal. It might be a bloody death trap.

What happened with your tc claim? Have you had advice about that?