council tennant taking on homeless person?

jox_2

My friend has a council property which is a 1bedroom flat, he works full time so pays all the rent coulsil tax etc dosent claim any benifits. he has a friend who has just found himself homeless and he is willing to put him up.

his friend claims job seekers allowence, he isnt looking to claim housing benifit or anything he simply just wants roof over his head untill he gets back into work and finds his own place.

question is seeing as my friend is in a 1bed counsil flat what will the counsil say/do about him taking on a homeless person?

robpw2

wheres this person going to sleep?
because if its a 1 bed flat they may make assumption they are a couple and will make sanctions based on that

theartfullodger

How good to hear about people wanting to help others rather than just "Save Money"..

Usually Council tenancy are reasonably flexible about these things. Suggest they read the tenancy agreement (should have a printed copy, if not ask council for a copy..) and see exactly what it says...

Hope it works out for both of them

BitterAndTwisted

Your friend's rental agreement should make reference to the "permitted number of occupants" somewhere. Often this would be two people per bedroom plus one other where there is a reception-room. This relates to issues of overcrowding, not whether your friend can put a roof over the head of a pal in need. As long as neither person is claiming Housing Benefit or LHA it's no-one's business but your friend's.

So nice to see people willing to give a helping hand to friends in a crisis. The world needs more people like that.

jox_2

oh yes totaly not looking to save any more or claim any other benifits. simply just wondering what the rules with taking in another person.

The friend would be sleeping on the sofa! hes only a young guy hes really not botherd where he sleeps. the only worry is he would need to change his adreese and claim job seekers from the flat, no intentions of putting his name on the tenancy or claiming houseing benifit or anything else but would the tennants rent or anything go up because of the extra person?

i cant see it being a problem myself but at the same time i dont see how they would allow a coulsil tenant with a 1bed allow another person to live there.

theartfullodger

Asssuming you are a Secure Council tenancy...

then you can but.. see at
http://england.shelter.org.uk/get_advice/renting_and_leasehold/council_tenancies/secure_council_tenancies#4

Can I take in lodgers or sublet my home?

You automatically have the right to take in a lodger and can normally sublet part of your home (such as a bedroom) if you get written permission from the council first. The council can only refuse permission if it has a good reason - for example, if your home would become overcrowded if someone else moved in.
If you're thinking of letting someone move in, bear in mind that any benefits you're claiming may be reduced. This will be the case even if the person doesn't pay you any rent and usually applies even to members of your family.
If you move out you can lose your secure status and the council could end your tenancy very easily. It is possible to spend time living somewhere else though and still keep your tenancy. To do this you must be able to show that you are planning to return - for example, by leaving your personal belongings at home. If you need to spend time living elsewhere, get advice before you move out.
You are not allowed to rent the whole of your home to someone else, whether you intend to return or not. If you do this you could lose your home altogether and anyone living there will be evicted.

I'd tell the council it is only a temporary thing, you'll make sure they'll be no disturbance & it will save them dealing with a homeless person/putting them up in a B&B whilst they investigate the issue..

If you know a local councillor tell him & get him on your side...

Good luck to both of you...

BitterAndTwisted

The only financial repercussion I can see is that your generous chum will lose their claim to the 25% discount for single-person's occupancy for Council Tax.

I had a lodger in my two-bed LA flat many, many moons ago and didn't bother asking the LA for permission but my lodger was working full-time and continued to do so the entire time she lived here, which was for over ten years. Your friend's situation is complicated by the homeless chum claiming JSA: the claim is paid directly to their bank account but if the jobcentre aren't informed any correspondence from them may not find its way to the claimant.

I think under the circumstances it would be safer all round for your friend and the homeless chum to be absolutely honest about the arrangement with the LA and the jobcentre. In the current climate the state will be winning by not having to pay LHA for the claimant so they will probably not be unreasonable.

Will you please let us know how they get on?

BitterAndTwisted

jox wrote: »

Would the tenant's rent or anything go up because of the extra person?

No, it wouldn't be increased. The rent is calculated according to the space or any other criteria they use but not on the number of occupants, whether they be child, student, worker or claimant.

theartfullodger

Just a thought: If you want to make sure they don't complain, tell them that you are now moving towards a civil partnership & are a couple. 1 couple in 1 1-bedflat?? What's to complain about, Council???

Martha42

It shouldn't be any problem. The lodger should give his new address as a "care of " address. Your friend should tell council tax as he will no longer be entitled to the 25% council tax discount, so his council tax should go up. Maybe the person on JSA could then contribute to that so your friend is not out of pocket. Not unreasonable as many people on benefits and claiming housing benefit find that the housing benefit doesn't cover some aspects of the rent so have to pay a small amount themselves towards it.

Say council tax is £1000 per year over 10 months - That's £19 per week, a quarter of that is around £4.80 per week.

Martha42

theartfullodger wrote: »

Just a thought: If you want to make sure they don't complain, tell them that you are now moving towards a civil partnership & are a couple. 1 couple in 1 1-bedflat?? What's to complain about, Council???

The issue in that case is that the person working would then be expected to financially support the person moving in, as they would lose their JSA (is income based)