Housing benefit first claim and old tenancy agreement

downshifter

Sorry to bring this back up but I could do with further advice. I decided in the end to be upfront and tell my LL I was claiming and as predicted they were very unhappy to say the least!! They have said they will come round in a few weeks (too late for my Housing/Council Tax claim) and need to look at a new tenancy agreement. They mentioned that it was time to look at a rent rise.

They said that recently there have been some new rules meaning that tenancy agreements can only be for one year and that the rolling 'non-agreement' we have will no longer be valid. I said that all I had been told was that the agreement needed their name and address on it as well as a signature from them as well as me - if you're going to have an agreement it might as well be right. The Housing Benefit people said they'd never seen an agreement like mine!

So now I'm faced with a rent rise as well as an annual tenancy and won't nearly be able to afford it. Previously the landlord just said that as far as they're concerned I can stay here for ever so I've really rocked the boat with this and wish I'd never asked. Or at least should've lied. While it is their house it's still my home and I've made it that way for the last 9 yrs.

Anyway, does anyone know anything about this new one year only rule? I've never heard of it. And is there anything else I should know about when they turn up with this new tenancy agreement?

Thanks

DS

leemack

karenx wrote: »

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

what insurance?

leemack

downshifter wrote: »

Sorry to bring this back up but I could do with further advice. I decided in the end to be upfront and tell my LL I was claiming and as predicted they were very unhappy to say the least!! They have said they will come round in a few weeks (too late for my Housing/Council Tax claim) and need to look at a new tenancy agreement. They mentioned that it was time to look at a rent rise.

They said that recently there have been some new rules meaning that tenancy agreements can only be for one year and that the rolling 'non-agreement' we have will no longer be valid. I said that all I had been told was that the agreement needed their name and address on it as well as a signature from them as well as me - if you're going to have an agreement it might as well be right. The Housing Benefit people said they'd never seen an agreement like mine!

So now I'm faced with a rent rise as well as an annual tenancy and won't nearly be able to afford it. Previously the landlord just said that as far as they're concerned I can stay here for ever so I've really rocked the boat with this and wish I'd never asked. Or at least should've lied. While it is their house it's still my home and I've made it that way for the last 9 yrs.

Anyway, does anyone know anything about this new one year only rule? I've never heard of it. And is there anything else I should know about when they turn up with this new tenancy agreement?

Thanks

DS

I think you need to get some specialist advice before you sign anything or agree to a new contract - it sounds as if the landlord is using this as an opportunity. personally, unless my contract said that I had to tell him if I was on housing benefit - then I wouldn't have told him, but too late now. Certainly there is no one year rule - I've just signed a standard 6 month assured shorthold tenancy, probably just like the one you first signed.

Oldernotwiser

Do you live alone? How many bedrooms do you have? Have you checked that your rent is withing LHA guidelines.(Sorry for all the questions.)

downshifter

Oldernotwiser wrote: »

Do you live alone? How many bedrooms do you have? Have you checked that your rent is withing LHA guidelines.(Sorry for all the questions.)

thanks, yes been there done that. I should apparently be entitled to around £200 a month council tax and HB combined. The council have been through everything - pay slips, bank account, pension statements etc, all was fine apart from the out of date tenancy agreement. Without that, or an equivalent form which the council gave me for the landlord to sign if he couldn't produce a new tenancy agreement, the payment can't be made.

Don't worry about questions, I'm just so incredibly grateful when people take the trouble to give me their views or advice.

DS

Fire_Fox

I've never heard of the one year rule and I post a lot on the 'House Buying and Renting' board - why not copy your query about the new AST over there? You know if you sign a new AST that you will be bound for a minimum of six months? You would be better to get the landlord to sign the other council document, if he won't ask the council to contact him.

shjo558

I have worked in Housing Benefit for many years and have completed relevant qualifications that specifically look at the actual legislation that council's have to adhere to.

There is a section in the Housing Benefit Regulations 2006 that covers the request of information.

This is a direct quote of regulation 86:-

86. Evidence and information
(1) ...............person who makes a claim, or a person to whom housing benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person´s entitlemen.............

As you already have a valid tenancy agreement, you do not need to bother your landlord and ask for a tenancy agreement. The Council are not acting reasonably which goes against the regulations.

Also, there is absolutely no need to tell your landlord. You are entitled to absolute privacy and neither you or the council have to say anything to them.

Can I suggest you go back into the council with your lease armed with a copy of the
legislation (link below) and ask to speak to a manager?

http://www.opsi.gov.uk/si/si2006/20060213.htm#86