Universal credit and buy to let mortgage

[tinatea]

I'm in a complicated home/ life situation. I recently lost my job of 10 years due to Covid.
I have a small flat with a buy to let Mortage which I have always rented out and is still rented. The monthly rent from this flat goes to pay off the mortgage and I'm left with a very small income at the end of each month.
I had rented out my flat as I moved in with my then partner who has a mortgage in his name. Our relationship broke down and due to me not earning anything he says I can stay in the spare room until I'm back on my feet. We also have a daughter which is the reason he is being reasonable and letting me stay.
Can I still claim universal credit? Do I need to declare this flat as 'earnings' even though I'm not actually earning anything much out of it? Not sure how to handle the rent situation either as due to my ex partner letting me stay in the spare room I don't have any rent to pay. Will this be seen as 'odd'?
Will it be seen as odd that I'm living with my ex partner? Is this a reason for me to be refused universal credit? My ex partner has a very well paid salary which I obviously don't get access to anymore!
I just want to get out and get my own place but not sure I can afford it with the rents in London.

I advise on benefits and other things. Unfortunately you've had a lot of incorrect advice on this thread. You should contact Citizens Advice, either your local branch or the national helpline - see www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/
They should confirm everything I'm about to tell you.

First things first, you can and should claim new-style JSA, which is not means-tested (so your BTL property is not relevant). Eligibility is based on National Insurance contributions, so if you worked and paid NI in the tax years 2018-19 and 2019-20, you're eligible. It's only £74.35/week but it's better than nothing. Info and link to claim at www.gov.uk/jobseekers-allowance

JSA won't solve your housing issue, of course. You can't claim Universal Credit while you own a BTL property that you don't live in; both the equity and the income from the property disqualify you (assuming they're above the limits, which is likely). So I think your best course of action would be to give the tenants notice to leave and to continue living with your ex until they do, if that's possible (it could be a long time!) Do the tenants have a fixed term tenancy or periodic? If you're using a lettings agent they should be able to advise but there is also info at www.gov.uk/tenancy-agreements-a-guide-for-landlords/ending-a-tenancy

Once you move into the property you will be able to claim Universal Credit (assuming you meet the eligibility criteria) but it won't include any contribution to your mortgage, but you could apply for an SMI (Support for Mortgage Interest) loan if and when you become eligible. See www.citizensadvice.org.uk/benefits/support-for-mortgage-interest-smi/support-for-mortgage-interest-smi/deciding-if-you-should-apply-for-smi/

Also bear in mind that after you move out, your ex will need to pay you child maintenance.

Did you get a redundancy payment?

Hopefully you'll find a new job, but even if you do, I would still advise ending the tenancy so you can move back into your property - or sell it if you want. If you do put it on the market, it will be disregarded for benefits purposes for a certain length of time (26 weeks off the top of my head but I'd need to look it up to be sure).

I've just re-read your posts. Are you not already claiming Child Benefit? If not you should claim ASAP and request maximum backdating (3 months).
www.citizensadvice.org.uk/benefits/child-benefit/help-with-your-claim/how-to-claim-child-benefit/

You also mentioned tax credits, but they're not relevant to you, as they have been replaced by Universal Credit for new claimants.

One more thing. You can ask for new-style JSA to be backdated by up to 1 month if you separated from your partner in that time. (And if you were not working and were jobseeking during that time.) It's not guaranteed but worth asking.

www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/jobseekers-allowance-jsa/before-you-claim-jsa/how-to-claim-jsa/#h-backdating-new-style-jsa-if-you-couldn-t-apply-earlier

@daffodilsandprimroses

Besides, there are tenants in there - she would need to give them at least two months notice and it might be longer because of covid.

You can certainly claim UC if you own a property, even outright. However, owning a property you let out is a bit more murky. I hope you get it sorted, OP.

The property you live in is not counted. However a second property would class as capital if there is equity. You would be better off trying to live in your buy to let if at all possible. You would get a higher work allowance with a mortgage. Living with an ex partner i his property is always going to be tricky I'm afraid. You will have to make sure all finances are completely seperate.

Everything @AnotherEmma and @Babyroobs said!

Unless the equity in your property is tiny, claiming UC will be a waste of time, and trying to establish that your ex is your ex (which will be difficult, but not impossible) won't be an issue.