Housing benefit first claim and old tenancy agreement

downshifter

I had an interview regarding my claim for housing/council tax benefit, I've never done this before and had to take loads of personal information etc. However having gone through all this stuff for an hour they told me they couldn't process my claim as my tenancy agreement is over 6 months old. I've lived in this house for 9 years and the tenancy agreement was rewritten around 5 years ago when the rent went up. I really don't want my landlord to know I'm claiming but I either have to ask her for a new agreement or give her a form to complete. I'm having to claim as my main job has finished so I don't have enough to live on with my other 2 small jobs.

I didn't know anything about this and I'm desperately trying to think of an excuse to put to the landlord to ask for a rewritten tenancy agreement. They will be very suspicious and jumpy whatever reason I give as that's how they are. After all an old agreement is perfectly legal as far as being a tenant is concerned, so I only need it for the benefit claim.

Can anyone think of a reason I can put to them (ok a white lie maybe) - I'm desperately hoping one of the job applications I have in at the moment will come to something but if not, my claim at the council will be cancelled on 12 Feb without this agreement. Or any other advice please.

Thanks

DS

Vixie_Pixie

If your TA has a section confirming that after the fixed term it becomes "statutory periodic" you should be able to use the old one.

Legally tho- there is no requirement for a written tenancy agreement! Evidence of a verbal arrangement is acceptable.

Therefore other ways of proving your liability will have to be established i.e rent receipts (or bank statements showing direct debits for rent payments etc)

HTH

downshifter

Many thanks indeed. Yes I understand that there's no need for a tenancy agreement at all. However for benefit purposes they seem to need one although they've got copies of bank statements etc. showing that I pay the same amount each month to the same person and that matches the albeit old tenancy agreement. It's a cheque payment though, my landlord doesn't agree with DDs, though that shouldn't make a difference.

karenx

You should be letting your landlord know about housing benefit as it could invalidate their insurance

pmduk

Local authorities seem to make up rules as they go along with housing benefit. Couldn't you tell the landlord you need a copy of the agreement for some financial; planning you're doing. Not a lie either

[Deleted User]

You really should not be keeping the fact you will be claiming HB from your landlord. Your claiming can invalidate their morgatge and/or insurance. That could ultimately end up in you losing the tennancy anyway if they find out and are not happy or if their lender or insurer finds out.

downshifter

karenx wrote: »

You should be letting your landlord know about housing benefit as it could invalidate their insurance

Thank you, I didn't realise that, though I'm not sure how it would affect it. So it seems I have no option but to tell them then.

Actually, come to think of it, there's no insurance on this house other than contents which I pay for.

Oh dear, it seems as though I'm going to have to tell them if I want to pursue this claim.. Thanks everyone anyway.

Just seen post from _shel too, they don't have a mortgage, they own the house outright.

karenx

Doesnt matter about the in's and out's etc of how they own the house, the fact is the landlord needs to know about it. They might not want to accept housing benefit and if you dont tell them and they later find out they wont be happy about it.
What if housing benefit people muck up and dont pay you in time? What excuse will you give to landlord?
At least if you are upfront with them they will understand if housing benefit make a mistake etc.

downshifter

karenx wrote: »

Doesnt matter about the in's and out's etc of how they own the house, the fact is the landlord needs to know about it. They might not want to accept housing benefit and if you dont tell them and they later find out they wont be happy about it.
What if housing benefit people muck up and dont pay you in time? What excuse will you give to landlord?
At least if you are upfront with them they will understand if housing benefit make a mistake etc.

I would never not pay my rent, whatever housing benefit did or didn't do. I'd overdraw, borrow, whatever it takes. I gather I wouldn't get the full amount anyway, just a proportion as I have some work and a small pension.

The housing benefit people did say I didn't need to let the landlord know, but that was before the issue of the tenancy agreement came up. That was obviously incorrect. If it doesn't affect insurance or mortgage, I don't understand why they need to know, after all they don't ask about any of my other sources of income.

Thanks anyway, lots of good advice, I'll leave it at that and decide whether to follow this up or not.

DS

Vixie_Pixie

pmduk wrote: »

Local authorities seem to make up rules as they go along with housing benefit. Couldn't you tell the landlord you need a copy of the agreement for some financial; planning you're doing. Not a lie either

it does depend on each individual LAs policy. :rolleyes:

for example my LA accept a letter from the landlord confirming that an old tenancy agreement is ongoing.. some want a complete tenancy agreement...

pmduk

Vixie, when I complained about an LA's handling of my claim a few years back the staff told me that the HB legal obligations weren't binding on them and they'd do it their way whatever the law said.