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Housing Benefit, to claim it do you have to...

66 replies

Linnet · 19/03/2007 23:22

To claim housing benefit does the properties tenancy have to be in your name?

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SparklyGothKat · 20/03/2007 00:03

or the other grant he could apply for \link{http://www.jobcentreplus.gov.uk/JCP/Customers/WorkingAgeBenefits/Dev_013948.xml.html\thi one) whcih doesn't have to be paid back, but I don't know if they cover arrears

SparklyGothKat · 20/03/2007 00:04

whoops

starfairy · 20/03/2007 00:05

Is he corresponding in writting?

Would be good for him to have things on paper, especially if it doesn't look like it's gonna be resolved anytime soon.

Linnet · 20/03/2007 00:05

Are they likely to arrest the girlfriends wages at any stage? She says that she's not going to pay any more arrears as she was told to pay the arrears and the flat would be signed over. But because the rent wasn't being paid, only the arrears, the rent is now overdue again which she is liable for but she says she's not paying any more money.

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starfairy · 20/03/2007 00:05

Can he get x to help out with the tennancy thing again, after all it's her baby too.

Linnet · 20/03/2007 00:06

Not in writing no, he just goes over to the council office which is across the road from his flat and talks to the housing officer there.

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fortyplus · 20/03/2007 00:06

Linnet - if her name is still on the tenancy she won't have a choice

Linnet · 20/03/2007 00:10

She wants the tenancy to be signed over, she wrote a letter to the council right back at the beginning saying that she wanted him to have the tenancy. But now the council won't do it because of the arrears which she now says she won't pay anymore.

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SparklyGothKat · 20/03/2007 00:10

thing is, even if she does pay again, the council aren't going to sign it over straight away, so he can claim HB and then the arrears will build up again! This is crap, your poor bro.

SparklyGothKat · 20/03/2007 00:12

can't they sign flat over to him, let him claim the HB for the rent, and then he can pay the arrears off at something silly like £4 a week. Bloodly council, law onto themselves

fortyplus · 20/03/2007 00:14

Linnet - the problem is that they will have to assess his case according to his need - she doesn't have the right just to sign her tenancy over to someone else. Otherwise there'd never be a Council property available - people could just sign the tenancy over to their mates!

Linnet · 20/03/2007 00:14

I know it's just such a mess. He is getting so stressed out by it all. He can't work at the moment as he's looking after the baby. He's supposed to be going back to work at the end of April but until then he's reliant on benefits to get him by.

If I knew that the council would transfer the tenancy to his name straight away I'd find the money and give it to him to pay off the arrears. It's just hanging over all our heads and worrying everyone.

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fortyplus · 20/03/2007 00:15

SparklyGothKat - without defending them, the problem is that they're not a law unto themselves - they have a rigid set of rules imposed upon them.

Linnet · 20/03/2007 00:16

When she left the first thing he did was checked the tenancy agreement which stated that she could sign the tenancy over to him, must have been because he was living in the flat with her. He can prove this as his name is on the council tax bill and all his other bank statements etc go there.

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starfairy · 20/03/2007 00:17

Has he applied for Tax Credits since he's going back to work?

SparklyGothKat · 20/03/2007 00:18

I know, it just get to me, when i KNOW people who are thousands of pounds in arrears, and are still living in their coucnil houses. Yet this man who has done nothing wrong, is facing eviction along with a baby

fortyplus · 20/03/2007 00:18

Linnet - get him to clarify with the council exactly who is responsible for the current arrears. I'm no expert but I do work in Housing - I think he'll find that if the tenancy hasn't been transferred the arrears will be hers whether she likes it or not. The tenancy is in her name and as far as the council is concerned the property hasn't been vacated - you have to hand the keys in to do that.

ucm · 20/03/2007 00:18

Could you approach your MP as this sounds so ridiculous to me. It will cost the council money to rehouse your brother & child. Plus the house/flat will be empty whilst they look for another tenant.

I know that the council don't give up tenancies lightly but this is bonkers if he has custody of the child.

Linnet · 20/03/2007 00:19

Yes he's getting tax credits which again took about 2 months to come through as they were still paying them to her so they had to stop those payments then process his application.

He actually went for about 3-4 weeks with no money at all coming into the house. I had to buy him food and electric.

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fortyplus · 20/03/2007 00:20

SparklyGothKat - you will find that the council will threaten eviction because they have to. If the case reaches court it's highly unlikely he will be evicted. Terribly stressful for him, though.

SparklyGothKat · 20/03/2007 00:23

i know they have to, I have been there myself, DH was off sick, and we had to claim HB, but the arrears were mounting up, i had to paid it back at £10 week. It jut seem silly that she signed the form, but the council didn't act on it, and now the arrears have mounted up agin, so they won;t do it.

Linnet · 20/03/2007 00:23

We understand that the council have to follow procedures, which is what they are doing, but it's just so frustrating.

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starfairy · 20/03/2007 00:26

Hope e.thing works out ok & v.soon for yor bro.

Linnet · 20/03/2007 00:27

I keep trying to ask him if he's done this or done that, has he asked them this question etc etc. And he gets really annoyed with me as he thinks I'm nagging him but I'm not, we're all worried about him and would like to see this all sorted out for him. I just try to check that he's asked as many questions as he can incase I think of something that he hasn't.

I'm going to go now as I really must get to bed. Thanks for all your advice I'll suggest to him about the loan incase he can get it and maybe the MP as well.

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fortyplus · 20/03/2007 00:28

At least he's got a great sister looking out for him