HB + LL CTax Scam...

b00n

Hi All, I'm a single male, renting a self contained flatlet for £150 per week. The flatlet is aone of 4 properties within a large converted house and comprisees of 2 rooms: a front room with kitchen, and a bedroom with shower/toilet cubicle. Although my rent is very expensive, it does include all utility bills and Council Tax.

My Landlord has a lot of properties (I believe its about 200). I've just been made unemployed, so while I'm looking for a new job I've signed on. I let my landlord know and told him that I would be claiming Housing Benefit. He came round and told me that I can't claim HB at this property as he pays the council tax for the house as a whole, rather than letting the Council know that he has split it into 4 lets. This is illegal right?

He then suggested that he moves me into another property next week, which is a single self contained flat, and change the claim for HB to there! If I began the claim there next week I will be losing a week and a half of HB, which while unemployed is a large amount of money. I don't know if I change my claim for HB if I would be as guilty as my Landlord? The benefits office already have my current address, so how will I explain that I've moved whilst being unemployed, I will look like a scammer!

To be honest I just want to leave here, get my deposit back (held in a rent deposit scheme), and move somewhere with an honest Landlord. However I'm not sure how long it will take to recieve my deposit back from the scheme? Also there is a clause written into my contract that if I leave before the agreed 6 months of tenancy, the landlord can take half of my deposit (even with a months notice).

I really do not know what to do, by pulling this scam this guy is saving over £2000 a year from this propery alone, he is probably doing it with many other properties.

Can anbody advise me on this please?

Thanks!

PasturesNew

Irrespective of what you end up doing, bide your time so as to not be associated ...... and GRASS HIM UP ... grass him up everywhere. The council, HMRC, TV licensing might even be interested. Take 3-6 months to make a big list of people you can grass him up to.

Revenge is a dish best served cold.

DVardysShadow

Just do what you have to to get the benefits you are entitled to. Don't move for your Landlord. If he gets caught out, it isn't your problem - and he certainly should not be causing his tenats problems with their entitlements.

tbs624

If you are still within your Fixed Term he cannot make you move out until after the expiry date and even then its with a court order. It's not your problem that he is a dodgy LL. Get your claim sorted for HB/LHA - hindsight is a wonderful thing but you really didn't have to let the LL know you were claiming. If your rent is very expensive however, you may find that Local Housing Allowance rate does not cover your full rent - have a look here.

Bide your time, leave when your Fixed Term is up and then do as Pastures suggests. If the LL becomes threatening get in touch with the Tenancy Relations Officer at the local Council's Private Sector Rentals Office.

b00n

Thanks for the replies people!

The reason that I am unable to process my Housing Benefit claim is that I've not been supplied with a copy of the tenancy agreement, so I was given a Landlord Declaration Form by the benefits office which I then handed to my landlord, and which he has handed back refusing to sign.

So if I stay here I won't be able to receive HB as I have no proof of my tenancy...

b00n

ok the plot thickens!

I have a rather blurry printout/photocopy from landlord of my Deposit Protection Certificate.

I've just checked mydeposits.co.uk using their online form to find if my deposit is in fact proteceted with them and it says:

my|deposits are unable to find a deposit protection with the details you provided.

The protection may not have been uploaded yet or the deposit may be protected with another scheme.

Please contact your agent/landlord for details.

Is this online tool reliable and up-to-date? The deposit should have been protected from the 22nd March 2010 according to my printout...

tbs624

b00n wrote: »

Thanks for the replies people!

The reason that I am unable to process my Housing Benefit claim is that I've not been supplied with a copy of the tenancy agreement, so I was given a Landlord Declaration Form by the benefits office which I then handed to my landlord, and which he has handed back refusing to sign.

So if I stay here I won't be able to receive HB as I have no proof of my tenancy...

You have occupancy of the premises and you are paying rent.How do you pay this LL? Standing order? Do you pay monthly or weekly?

You are legally entitled to have the written details of your tenancy plus a contact address for your LL. If you are paying weekly he must provide a Rent Book by law: if he won't provide any of this go straight to the Tenancy Relations Officer at the local Council's private sector rentals office

tbs624

b00n wrote: »

ok the plot thickens!

I have a rather blurry printout/photocopy from landlord of my Deposit Protection Certificate.

I've just checked mydeposits.co.uk using their online form to find if my deposit is in fact proteceted with them and it says:

my|deposits are unable to find a deposit protection with the details you provided.

The protection may not have been uploaded yet or the deposit may be protected with another scheme.

Please contact your agent/landlord for details.

Is this online tool reliable and up-to-date? The deposit should have been protected from the 22nd March 2010 according to my printout...

Contact each of the three schemes and get written confirmation of whether or not your deposit is registered with any of them - TDS, DPS or my deposits (you say you have checked them). It's possible to protect a tenants deposit online within the hour. If the LL had registered it then it should show up.

CIS

My Landlord has a lot of properties (I believe its about 200). I've just been made unemployed, so while I'm looking for a new job I've signed on. I let my landlord know and told him that I would be claiming Housing Benefit. He came round and told me that I can't claim HB at this property as he pays the council tax for the house as a whole, rather than letting the Council know that he has split it into 4 lets

For council tax purposes if he is renting the property as individual rooms then the landlord has to remain liable for council tax purposes which means that tenants have no council tax liability and cannot claim council tax benefit. You would however still be able to claim housing benefit.

If he has physically split the property in to 4 seperate properties then the Valuation Office Agency are responsible for deciding if it should be banded as 4 individual properties or not. If they decide its 4 properties then each would be banded sepeartely and the tenants would be responsible for the council tax and able to claim council tax benefit.

counciltaxexpert

OP, do all of the tennants have seperate tenancy agreements, or are you all on the same one?

If you are all on seperate tennancy agreements then send copies of them to your local council as the Landlord is liable for ctax in this instance.

The landlord is also liable if you all share amenities in the property and all have locks on your doors.

If either scenario applies to you then contact your local council and inform them that your property is "Multi Occ" they will then bill your landlord.

clutton_2

if you have paid by standing order.. take copies of your bank statements to the housing benefit people....they may accept this as proof... but all this lack of paperwork (not your fault) will slow up your claim