housing benefit?

gcasson

i am currenty living in private renting and the council have offered me a council flat, but my tenancy where i am living now is 12months and i have only been here 9 months, so my landlord is telling me that i cant leave, i have just signed my tenany agreement with the council because we are overcrowded here, how will i pay for the rest of my rent here?, will housing benefit help??

pandaspot

you can get benefit on two homes when there is an unavoidable overlap in tenancies. you must move into your new home before this is considered.

i will find some dwp guidance to back this up

pandaspot

http://www.dwp.gov.uk/docs/hbgm-a3-liability-to-make-payments.pdf

go to paragraph 3.682

you can only get benefit on your former home for four weeks. you would qualify for the 4 weeks as you will be moving cause of overcrowding.

page 19 on this booklet will help you too http://england.shelter.org.uk/__data/assets/pdf_file/0020/23384/SH038_ShelterGuide_Housing_Benefit.pdf

Jowo_2

You can leave, it's just that your obligation to pay rent continues regardless or not of your occupation.

Will the council agree to revising the tenancy start date?

Try negotiating with the landlord to encourage them to accept an early surrender if they can find a replacement tenant. In that case, you can expect to pay their costs, such as the rent until the new tenants move in and perhaps expenses like advertising. If they consent (they do not have to), make sure this agreement is in writing, do your best to help with the marketing of the property, having it in a good condition for viewings, etc.

Ask the housing forum for the best way to manage this so you don't get stung by a slack marketing on the part of the landlord, or double billing where they receive income from both you and the new tenant.

Consider offering a repayment plan for the remaining rent liability, negotiating an arrangement with the landlord to pay it back over time which you can afford and be able to stick to.

If in England/Wales, is your deposit in a tenancy deposit scheme?

gcasson

yes my deposit is in a tenancy scheme , i have tried negotiating and have paid to put the property bak on the market, but no takers as of yet,

Wee_Willy_Harris

Have you become overcrowded? Or were you overcrowded when you moved in?

gcasson

i was overcrowded when i moved in

Wee_Willy_Harris

Then approach your local authority. They will have a dept dealing with private tenancies. If your landlord has let the property in the knowledge that Section X of the 1985 Housing Act has been contravened, he may find it to be in his best interests to terminate that agreement ASAP.

Housing Act 1985, Part 10
Housing Act 1985, Section 328 gives the power to serve a notice where a dwelling is overcrowded according to the standard in section 324:

“324 Definition of over crowding
A dwelling is overcrowded for the purposes of this Part when the number of persons sleeping in the dwelling is such as to contravene—
(a)the standard specified in section 325 (the room standard), or
(b)the standard specified in section 326 (the space standard).
325. The room standard.
(1) The room standard is contravened when the number of persons sleeping in a dwelling and the number of rooms available as sleeping accommodation is such that two persons of opposite sexes who are not living together as husband and wife must sleep in the same room.
(2) For this purpose—
(a)children under the age of ten shall be left out of account, and
(b)a room is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or as a living room.
326. The space standard.
— (1) The space standard is contravened when the number of persons sleeping in a dwelling is in excess of the permitted number, having regard to the number and floor area of the rooms of the dwelling available as sleeping accommodation.
(2) For this purpose—
(a)no account shall be taken of a child under the age of one and a child aged one or over but under ten shall be reckoned as one-half of a unit, and
(b)a room is available as sleeping accommodation if it is of a type normally used in the locality either as a living room or as a bedroom.
(3) The permitted number of persons in relation to a dwelling is whichever is the less of—
(a)the number specified in Table I in relation to the number of rooms in the dwelling available as sleeping accommodation, and
(b)the aggregate for all such rooms in the dwelling of the numbers specified in column 2 of Table II in relation to each room of the floor area specified in column 1
No account shall be taken for the purposes of either Table of a room having a floor area of less than 50 square feet.
Table One
Number of rooms Number of persons
1 2
2 3
3 5
4 7.5
5 or more 2 for each room
Table 2
Floor area of room Number of persons
110 sq feet or more 2
90 sq feet or more but less than 110 sq feet 1.5
70 sq feet or more but less than 90 sq feet 1
50 sq feet or more but less than 70 sq feet 0.5”

dmg24

gcasson wrote: »

i was overcrowded when i moved in

Have you been assessed as being overcrowded?

gcasson

yes i have been asessed hence the council offered me a flat

gcasson

Wee_Willy_Harris wrote: »

Then approach your local authority. They will have a dept dealing with private tenancies. If your landlord has let the property in the knowledge that Section X of the 1985 Housing Act has been contravened, he may find it to be in his best interests to terminate that agreement ASAP.

Housing Act 1985, Part 10
Housing Act 1985, Section 328 gives the power to serve a notice where a dwelling is overcrowded according to the standard in section 324:

“324 Definition of over crowding

A dwelling is overcrowded for the purposes of this Part when the number of persons sleeping in the dwelling is such as to contravene—
(a)the standard specified in section 325 (the room standard), or
(b)the standard specified in section 326 (the space standard).
325. The room standard.
(1) The room standard is contravened when the number of persons sleeping in a dwelling and the number of rooms available as sleeping accommodation is such that two persons of opposite sexes who are not living together as husband and wife must sleep in the same room.
(2) For this purpose—
(a)children under the age of ten shall be left out of account, and
(b)a room is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or as a living room.
326. The space standard.
— (1) The space standard is contravened when the number of persons sleeping in a dwelling is in excess of the permitted number, having regard to the number and floor area of the rooms of the dwelling available as sleeping accommodation.
(2) For this purpose—
(a)no account shall be taken of a child under the age of one and a child aged one or over but under ten shall be reckoned as one-half of a unit, and
(b)a room is available as sleeping accommodation if it is of a type normally used in the locality either as a living room or as a bedroom.
(3) The permitted number of persons in relation to a dwelling is whichever is the less of—
(a)the number specified in Table I in relation to the number of rooms in the dwelling available as sleeping accommodation, and
(b)the aggregate for all such rooms in the dwelling of the numbers specified in column 2 of Table II in relation to each room of the floor area specified in column 1
No account shall be taken for the purposes of either Table of a room having a floor area of less than 50 square feet.
Table One
Number of rooms Number of persons
1 2
2 3
3 5
4 7.5
5 or more 2 for each room
Table 2
Floor area of room Number of persons
110 sq feet or more 2
90 sq feet or more but less than 110 sq feet 1.5
70 sq feet or more but less than 90 sq feet 1
50 sq feet or more but less than 70 sq feet 0.5”

sorry i do not understand this to well could u explain it in further detail?