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Claiming housing UC - no formal tenancy agreement

5 replies

shizgigz · 22/12/2024 02:03

Ex and I divorced in September. Due to our location and my salary I found it impossible to formally rent anywhere,

A friend of a friend was trying unsuccessfully to v to sell her house but had already moved out, We informally agreed I would move in and pay rent on rolling month basis. Bills are all in my name but no tenancy agreement,

Can I claim UC to help with rent? I am using my salary and some savings to pay and pay below market rent but it's tough. I eventually plan to buy a house but any assistance I can get now would be so helpful.

Think what I am concerned about is approaching landlord for formal documentation as she is doing everything under the radar and won't want to expose herself to investigation. What would UC need to see?

OP posts:
murasaki · 22/12/2024 02:06

You would need a formal tenancy contract.

tinkitonki · 22/12/2024 02:10

I’m genuinely sorry but you can’t claim UC for the housing element without a tenancy agreement and paying market rent

murasaki · 22/12/2024 02:13

Also, you don't get to pay under market rent, her not declare the income, claim from the tax payer for the rent and then save your salary for a house deposit. It doesn't or shouldn't work like that.

shizgigz · 22/12/2024 02:19

Fair point I get that.

Had I been able to rent officially that would've have been my first option, I didn't meet the salary threshold (despite having some money from sale equity). I was in an impossible situation and needed a roof over mine and DD's head

OP posts:
Bromptotoo · 22/12/2024 10:08

murasaki · 22/12/2024 02:06

You would need a formal tenancy contract.

That's not true. There are plenty of informal tenancies, particularly common in former mining areas I'm told, where there is no written agreement.

To get a housing costs element you need to show that you are occupying the property and are liable for and making payments.

If @shizgigz is occupying the property and a proper market level rent is passing then Housing Costs should be allowed.

DWP front of house staff, particularly in Job Centres, are not always clued up on this stuff. You need to be firm in asserting your rights, point them to their own guidance and make sure it goes to a Decision Maker.

There are other tests around contrived tenancies too which can be relevant when people rent from family/friends. .

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