Lodger and HB

WorriedGirlfriend

Can anyone advise me please?

My lodger, who is a 28-yr-old Latvian, has had his hours reduced at work as a result of seasonal variations (we're in a tourist town). He now cannot afford the rent and has asked me to find out if he can get HB. He is a house-guest not a tenant and his rent is £75pw including all utilities, CT, wi-fi, but no food.

My questions are: can he get it, how much will he get, and will it be paid to him or to me?

I am worried that it will take many weeks to be processed and in that time I'll get no or little rent from him. When the arrears are finally paid, would it be to him or to me? What would happen if, say, I let the arrears mount up waiting for the HB to pay arrears, and my lodger in the meantime left to get work elsewhere? Would I still get paid?

He's a great lodger and I'm really loathe to lose him, but would it be safer for me to just give him two weeks notice now?

Thanks!

Jowo_2

The best lodgers are sorted ones without personal issues, such as ones that pay! You are not a charity, don't feel guilty.

Here's some info about LHA and latvians. LHA is normally paid directly to the benefit claimant (unless the council think they are vulnerable). The trouble with the landlord being paid directly is that if there is an overpayment or fraudulent claim, the landlord has to pay it back. Claimants who apply for LHA who submit all the relevant documentation can apply for an interim payment after 2 weeks if the info is complete but its just the case that the council haven't got round to processing it.

Do call the council and ask where you stand.

http://www.glasgow.gov.uk/en/Residents/YourHome/HousingOptions/HousingBenefit/AccessionState/index.htm
http://www.leicester.gov.uk/your-council-services/housing/housing-and-council-tax-benefits/claiming-benefit-if-you-are-from-abroad/

viktory

If he is house guest and not a tenant with a formal tenancy agreement will he be entitled to anything?

WorriedGirlfriend

Jowo wrote: »

The best lodgers are sorted ones without personal issues, such as ones that pay! You are not a charity, don't feel guilty.

Here's some info about LHA and latvians. LHA is normally paid directly to the benefit claimant (unless the council think they are vulnerable). The trouble with the landlord being paid directly is that if there is an overpayment or fraudulent claim, the landlord has to pay it back. Claimants who apply for LHA who submit all the relevant documentation can apply for an interim payment after 2 weeks if the info is complete but its just the case that the council haven't got round to processing it.

Do call the council and ask where you stand.

http://www.glasgow.gov.uk/en/Residents/YourHome/HousingOptions/HousingBenefit/AccessionState/index.htm
http://www.leicester.gov.uk/your-council-services/housing/housing-and-council-tax-benefits/claiming-benefit-if-you-are-from-abroad/

Thank you so much for finding those links, I would not know where to start!

So, apparently they need to have been working for 12 months, which he hasn't. I am assuming the rules in one city apply to other cities, though maybe not since you suggest I call my own council. PIty tomorrow's Saturday. It didn't occur to me to phone them. I think this is because every time I phone any kind of "official" office (govt or local govt etc) they always want to take my name and address and all the details of the problem before they will answer even a general question, leaving me totally exposed and having "revealed my hand" so to speak, a position that often limits one's options.

Looks like I will have to give him two weeks notice, poor kid, I really like him but as you say I am not a charity!

Also, not happy that they pay the lodger instead of me. This leaves all landlords open to abuse when arrears are concerned. I mean, an unethical lodger could keep me hanging on for 3 months saying he's waiting for the rent from the HB office, then the day it arrives he could just do a runner with it!

I've checked and my council has nothing on its HB pages about EU nationals.

Jowo_2

You could encourage your lodger to ring up Shelter, contact the council himself or book an appointment with the Citizens Advice Bureau so he understands his entitlements and how to deal with his potential future homelessness.

WorriedGirlfriend wrote: »

...Also, not happy that they pay the lodger instead of me. This leaves all landlords open to abuse when arrears are concerned. I mean, an unethical lodger could keep me hanging on for 3 months saying he's waiting for the rent from the HB office, then the day it arrives he could just do a runner with it!

.

The specified reason the govt switched from Housing Benefit to Local Housing Allowance for private tenants was to make them take responsible for managing their own budgets, increasing their employability, making it easier for them to exercise choice in where they wanted to live.

But the higher risk of getting into arrears by paying them directly has made LHA claimants even less popular with landlords.

Still worth checking his status in case the law has changed for EU migrants in the meantime.

Jowo_2

viktory wrote: »

If he is house guest and not a tenant with a formal tenancy agreement will he be entitled to anything?

I don't know how the lack of a lodgers agreement affects any potential LHA claim (lodgers live with their landlords, tenants have exclusive use of the property).

However, lodgers are also known as 'excluded occupiers' and have such insecurity of tenure and few rights, so pretty much have the status of a guest.

PasturesNew

The term "house guest" is the red herring here. He's a lodger, the OP should refrain from using the term "house guest" as it'll only lead to confusion and mis-information.

A house guest is your mate who's staying with you.

kremmen

PasturesNew wrote: »

The term "house guest" is the red herring here. He's a lodger, the OP should refrain from using the term "house guest" as it'll only lead to confusion and mis-information.

A house guest is your mate who's staying with you.

I would imagine that it might be fair to say that the householder is probably refering to a lodger under the Rent-a -room scheme.

As per extract copied below.

Paul

if you rent out, or are considering renting out, a room in your home you can get up to £4,250 tax free income! This is all due to a government scheme called Rent A Room designed to encourage people to take in lodgers. Here’s how it works :

• You let out a room or part of your main property (it can be a whole floor but not a self-contained flat).
• It must be furnished, unfurnished rooms don’t qualify.
• You don’t have to be a homeowner, if you have your landlord’s consent you can take advantage of the scheme as a tenant.
• If you don’t normally fill out a tax return and the income is below £4,250 (around £350 a month) you don’t even have to do anything, the exemption is automatic. If the amount you earn is above just let the tax office know.

If you usually fill out a tax return then consider whether you’re better off in the scheme or not. Under the scheme you can’t claim expenses for wear and tear, insurance etc.. so you may be better off out of the scheme. If you spend more on decorating a room and keeping it in order than you make then you’ll be making a loss and not liable for any tax.

WorriedGirlfriend

My lodger got advice as well, yes he has to have worked 12m, and hasn't, so he's looking for another job.

I don't know why this thread has been dragged off topic. Pity this happens to nearly every thread on here, lots of weird, nasty and even cruel creatures stalk these boards.

paddedjohn

WorriedGirlfriend wrote: »

My lodger got advice as well, yes he has to have worked 12m, and hasn't, so he's looking for another job.

I don't know why this thread has been dragged off topic. Pity this happens to nearly every thread on here, lots of weird, nasty and even cruel creatures stalk these boards.

it looks to me like all the advice given is right on topic, and i dont see any nasty cruel or wierd comments

maxmycardagain

WorriedGirlfriend wrote: »

This happens to nearly every thread on here, lots of weird, nasty and even cruel creatures stalk these boards.

Tell me about it...............


I was accused of attempted fraud once when i posted my electricity meter was faulty and my bill was extremely high............ like id UP my bill......