LHA claims without Tenancy agreement?

DX2

Does your SIL work? or does she claim benefits?
Is she not willing to write an agreement as it could potentially see her done for benefit fraud?

999mph

She works full time. I never mentioned anything about LHA. I just asked her whether we could draw up a tenancy agreement and she said 'no' and when I asked her whether she could get a letter confirming my monthly rent, she said 'no' to that also. Again like I said she doesn't know anything about the LHA because I didn't want her or anyone to know about my situation.

zzzLazyDaisy

So is she claiming the single person's 25% council tax discount? If so, and you are living in the house, what she is doing is fraudulent and she is at risk of being reported. Could this be why she is reluctant to make the arrangement formal?

ariarnia

zzzLazyDaisy wrote: »

One thing does occur to me - is she getting the single person's 25% discount on council tax? If so, she must report an extra adult living in the house and pay full CT whether you are working or not. If that is the case, you will need to agree to pay the shortfall CT on top of your rent.

But won't the OP be eligible for the CT as CTB which would pay ( I assume) either the 25% as if he didn't exist, or a full half as his share.

zzzLazyDaisy

No, SIL as the householder is liable for the full council tax bill. If she is the only adult in the house she gets a single person's discount of 25%. If there is another adult in the house she pays the full amount. *

A lodger doesn't have any council tax liability, so cannot claim council tax benefit

*that's a simplification as things are different if, say, the other adult is a student, but that is not being suggested here.

DX2

999mph wrote: »

She works full time. I never mentioned anything about LHA. I just asked her whether we could draw up a tenancy agreement and she said 'no' and when I asked her whether she could get a letter confirming my monthly rent, she said 'no' to that also. Again like I said she doesn't know anything about the LHA because I didn't want her or anyone to know about my situation.

If i were you I would be looking elsewhere, your SIL is well within her rights to refuse you these requests. She might not even see you as her tennant and her as your landlord

Ryvitaqueen

Out your claim in and see. Explain in your claim the situation, is your transfer to a named account holder? If the named account holder (your SIL) is the name on the council tax account and you could show regular monthly payments going back for a period with no fluctuation, I would be happy to consider this a rental liability.

My issue would be the commerciality - id want to know from your sister in law what would happen if you didnt pay rent, whether youve sought alternative accommodation, whether she declares your rent as income etc....think this was said before....

But you can try, get the ball rolling and tackle your sister in law if the need arises. If it does indeed arise then be straight with her, tell her your getting 60 odd quid a week and if she wants you to be able to pay rent as you are then she needs to provide confirmation that she charges you rent!

If not then move out because if she cant do that basic thing for you in your time of need then she is a bit crud, and is cutting off her nose to spite her face....

nsroc

not read the whole thread bbut re Council TAx - if your sis in law is going tpo lose the her single person dixcount - u can apply what is called Second Adult Rebate which is based on your income status and not hers - and is for the 25% discount that will be lost due to you moving in

RE LHA - a letter/TA/ is required or some sort of proof that u pay rent such as receipts - maybe you can ask her for receipt and say u would like tp keep this for your records ?! plus he is your sis in law and so you will have to complete a questionnaire re renting of a relative -- hope this helps

nsroc

please note- your SIL will apply for the 2nd adult rebabe as she has the council tax liability but you will need to provide your income details for this to be calculated - contact the benefits section they will give you more info on what you/you SIL need to do

zzzLazyDaisy

nsroc wrote: »

please note- your SIL will apply for the 2nd adult rebate as she has the council tax liability but you will need to provide your income details for this to be calculated - contact the benefits section they will give you more info on what you/you SIL need to do

Please don't contact the CT department without clearing it with SIL first. If you explain that you are living at her house and ask what to do about the CT, they will make a note on her file. If she has not already notified them, they will write to her to say that they are investigating a possible benefit fraud as they have received information that Mr X has lived at her house since [date] and she has continued to claim the 25% Discount during that time.

Of course this is all guesswork - it may be that SIL has never claimed the 25% because OP moved in almost immediately after her OH died.