Urgent benefit advice please

grumbleweed2

Hello there.
my daughter has just had a baby and got herself in a right old pickle.
her boyfriend was put out of work just before the baby was born. As a result they currently have no income at all. They have defaulted on their rent and now have two weeks to get out of their flat.

Her boyfriend half own a flat they once lived in. His uncle owns the other half, but following a falling out of some sort, the uncle is refusing to let them live in the flat and refusing to allow a sale so they can get their share of the money.

They have inquired about benefits but have been told they cannot claim anything because of the share of this flat.

They have no income, no money, a 4 week old baby and nowhere to go in 14 days time.

I really need someone who understand the benefit system to tell me if this is in fact correct? Would having a share in a flat that you cannot live in and cannot get sold prevent you from claiming any benefits at all?


We obviously would not see them on the street but we live far away and it wouldn't be ideal for them to live with us for many reasons (space being one).

many many thanks

dmg24

He needs to take legal advice on the flat. The capital in the flat can be disregarded if the flat is up for sale, so if his uncle will not resolve the situation amicably, he will need to pursue a forced sale.

karenx

Does she not get SMP or MA?
they will be getting tax credits and child benefit.
They could maybe get put in temporary accomodation from council but they will have to start looking for a house too. They will be unable to get LHA while he owns a house as they could tell them to live there.

[Deleted User]

has the boyfriend applied for JSA?he could then apply for c/tax benefit,they should be getting family allowance and should have applied for child tax credits.He needs to contact his local jobcentre plus in the morning to set the ball rolling.Was your daughter not working prior to having the baby and thus getting MA?If they have no income its only due to inaction on their part and not the fault of the benefits system.
The part ownership of the property may present problems in getting housing benefits he needs to sort this out with his uncle threatening legal action if needed.

Macro_3

woodbine wrote: »

has the boyfriend applied for JSA?he could then apply for c/tax benefit,they should be getting family allowance and should have applied for child tax credits.He needs to contact his local jobcentre plus in the morning to set the ball rolling.Was your daughter not working prior to having the baby and thus getting MA?If they have no income its only due to inaction on their part and not the fault of the benefits system.
The part ownership of the property may present problems in getting housing benefits he needs to sort this out with his uncle threatening legal action if needed.

The capital held in his half share of the property will nil him for most means tested benefits, including JSAIB and Ctax benefit - not just housing benefit. I presume that is what has happened. Child tax credit would be ok.

OP, the property can be disregarded for up to 26 weeks or longer at the LA's discretion if up for sale. Is the property standing empty? When bought, did they draw up an agreement as to what would happen if one or the other wanted to sell the property?

[Deleted User]

I dont think the ownership of the property and means tested benefits in this case is that simple.Ok it will probably be used against him re LHA but if he claims it as his main residence it cant be counted.Abit convulted I admit,and I would probably advise they seek help from cab on this.

Macro_3

How can he claim it as his residence when he does not/cannot live there? That would be fraud, for a start.

Oldernotwiser

dmg24 wrote: »

He needs to take legal advice on the flat. The capital in the flat can be disregarded if the flat is up for sale, so if his uncle will not resolve the situation amicably, he will need to pursue a forced sale.

Alternatively (but still needing legal advice) I can't see how the uncle can stop him living in a property that he half owns!

hippy-chicy

'They have inquired about benefits but have been told they cannot claim anything because of the share of this flat.'

Sorry i am probably going over old ground here, but when you say enquired who have they made enquiries with ? Has he actually approached the relevant departments and made claims that have been refused due to his capital.

The only reason I am asking is that he will only be 'automatically' nil qualified for means tested benefits if his share of the capital value of the flat is over £16k. For HB/CTB for a property that is not up for sale we would have it valued then deduct any outstanding mortgage and 10% selling costs, if what is left after these deductions is less than £16k they may still be entitled depending on their other income.

I would just double check with them that this is the case.

[Deleted User]

Macro wrote: »

How can he claim it as his residence when he does not/cannot live there? That would be fraud, for a start.

I`m not suggesting fraud but if it has to be counted as residence which maybe the case if he cant sell it then it would only preclude LHA,I admit its a far from straight forward case thus advise approach to cab or simlar

LizzieS_2

grumbleweed2 wrote: »

Her boyfriend half own a flat they once lived in. His uncle owns the other half, but following a falling out of some sort, the uncle is refusing to let them live in the flat and refusing to allow a sale so they can get their share of the money.

Does it show a 50:50 split between boyfriend and his uncle.

He needs to seek legal advice as to the best course of action as it will inevitably involve the courts.

Under the Trust of Land Act and Appointement of Trustees Act (ToLATA), the boyfriend and uncle have equal rights.

The uncle cannot prevent boyfriend from living in the flat without a court order under ToLATA. Even with a court order preventing daughters boyfriend from living there, it is unlikely to be on the grounds of uncle not paying boyfriend rent for his share.

Without knowing the uncles position, a forced sale can be made under Tolata - there is a list of needs of the owners and a baby to me tips the balance in boyfriends favour.