housing benefit problem

litlwren

Ok many thanks

So no point in appealing then.... surely they should still take individual circumstances into account?? or am I just wasting my time & energy d'you think??

sunnyone

I wouldnt want to be beholding to an ex, especially one who cheated on me then moved a stranger in without my consent.

I would get out ASAP.

sunnyone

litlwren

I would too if I didn't have all my animals to move out too... then again why the heck should I be the one to have to move out after what he did.... I'm getting myself all wound up again - not at you or anyone here - at HIM!!! It's my home after all.... I feel I want to fight for it....

DaisyFlower

litlwren wrote: »

I would too if I didn't have all my animals to move out too... then again why the heck should I be the one to have to move out after what he did.... I'm getting myself all wound up again - not at you or anyone here - at HIM!!! It's my home after all.... I feel I want to fight for it....

What he did was wrong but the law sees the house as his and there have to be strict laws re housing benefit so that people do not abuse the system.

A clean break with a new landlord seems the best option, at least you wont have to sub-let if you dont want too.

If you truly want to stay, then you need to take the first job you can find in order to pay the rent as HB are unlikely to budge.

litlwren

DaisyFlower wrote: »

What he did was wrong but the law sees the house as his and there have to be strict laws re housing benefit so that people do not abuse the system.

A clean break with a new landlord seems the best option, at least you wont have to sub-let if you dont want too.

If you truly want to stay, then you need to take the first job you can find in order to pay the rent as HB are unlikely to budge.

this seems to be the best option and I'm actively doing all I can at pesent to find one.

many thanks for the advice everyone - even if it's not what I was hoping for :rotfl:

Tinasmummy

Hi,

I work for a local Council and my job deals specifically with " Contrived" claims.

I can tell you that although you do have the right to appeal (anyone can ask for the original decision to be reviewed/revised it's your right) you will not qualify and the original decsion would not be over turned.
There are certain circumstances where the law can automatically refuse Housing Benefit without the need for further information or taking into acccount the reasons or needs of why you decided to take up this tenancy.

I know that sounds harsh but it's the legislation.

Unfortunatley your situation where your Landlord is your ex partner (married or not) is one of those situations.

bestpud

litlwren wrote: »

I would too if I didn't have all my animals to move out too... then again why the heck should I be the one to have to move out after what he did.... I'm getting myself all wound up again - not at you or anyone here - at HIM!!! It's my home after all.... I feel I want to fight for it....

I find this all very confusing tbh!

If you have a proper tenancy, then he cannot just throw you on the street nor move people in at will.

If you are determined to stay there then you need to get a few things in order.

hbgirl

yes, as tinasmummy says this one is a rule, plain and simple and no room for discretion. here is the relevant reg:

9. Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling (1)A person who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable where— (a)the tenancy or other agreement pursuant to which he occupies the dwelling is not on a commercial basis; (b)his liability under the agreement is to a person who also resides in the dwelling and who is a close relative of his or of his partner; (c)his liability under the agreement is— (i)to his former partner and is in respect of a dwelling which he and his former partner occupied before they ceased to be partners; or
etc etc

you do have a right of appeal, and if you have the energy, go ahead, at least you will know you tried! maybe get some legal advice at the CAB.

regarding the situation with him moving someone else in, if you have a genuine commercial tenancy to rent the whole house, he can't just move someone in like that. you should get some advice about that, the council will have a housing advice section and even if they won't pay your benefit they have certain duties to assist (might just be advice, not money!) with your housing difficulties.

good luck

LizzieS_2

litlwren wrote: »

It's his house, mortgage in his name, but bought as a home for both of us a few years ago.

It's his in title, but beneficial interest could be very different! Did you pay towards the deposit, or to a lesser extent the mortgage? Or did you pay for/towards significant improvements, eg new kitchen (not things like decorating or moveable furniture)?

alwaysonthego_2

hbgirl wrote: »

you do have a right of appeal, and if you have the energy, go ahead, at least you will know you tried! maybe get some legal advice at the CAB.

good luck

The CAB do not give legal advice and will often refer clients to a solicitor. Some CABs do have solicitors on base but this will be in big cities. In this instance the client does not need legal advice, but the CAB will not help her appeal this because it will be a waste of their time and resources.