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Over 25 do I have to pay to live in council house?

13

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  • BigAunty
    BigAunty Posts: 8,310 Forumite
    1,000 Posts Combo Breaker
    edited 16 November 2011 at 3:47PM
    Sparkie001 wrote: »
    I have been looking into this and I read in that link you provided Aunty that joint tenants don't count as non dependant. So if I were a joint tenant I wouldn't have to pay is that right?

    As you are currently not a tenant (i.e. the council tenancy is not in your name, it is in your mother's name), you have no liability to pay rent directly to the council, therefore you do not qualify. It is expected that your mother takes some keep from you to pay towards HER rent. Ask the council (and your mother) if this is permitted and I expect you will find that it is not.

    It is not a simple matter to become a joint tenant on a social housing contract as a child of the main tenant, it's usually something that happens on one occasion only when the tenant dies and the succession is passed onto a relative who has lived in the same property for at least 12 months.

    And I'm not completely au fait with the complex end of the HB spectrum. I think that the HB regs already have something in place to prevent this type of way to exploit the benefit system where a previous dependent (i.e. child of the tenant) then becomes a tenant when they are classed as non-dependents. I think the HB regulations make sure that an adult child doesn't simply become a joint tenant just to get out of paying rent once they come of age. I'm sure someone else could clarify this and perhaps provide an explicit link or let me know if I am wrong about this.

    is there something so terribly wrong with paying your mother a tenner's rent each week to make up her shortfall in Housing Benefit? Do you think an entire household on benefits shouldn't even have to pay a penny out of them towards a tiny bit of rent and council tax - must the tax payer pay everything?
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sparkie001 wrote: »
    Yes, well my Mom is single and she does not have to pay rent yet they're charging me hence my utter confusion lol.



    I have no idea what the charges are for I'll get more information to provide soon and no I have not sent them anything.



    Indeed but when I pay a lot towards bills etc and I pay my board, insurance etc to have to pay the council when I'm only getting ESA will become quite difficult. I'm already months behind on the payments because I don't know if I should be paying them or they have made an error.

    Your mother does pay rent-it's paid out of Housing Benefit. The property is not rent free.
    No free lunch, and no free laptop ;)
  • Sixer
    Sixer Posts: 1,087 Forumite
    Sparkie001 wrote: »
    I'm already months behind on the payments because I don't know if I should be paying them or they have made an error.

    Just to get this clear.

    YOU aren't required to pay the council any money directly.

    YOUR MOTHER's benefit has been reduced by £9.40 a week because you live there.

    It is assumed that YOU will pay your mother the £9.40 and YOUR MOTHER will then pay it to the council.

    So when you say months behind on the payments are you saying the council are asking for money because your mother hasn't been paying the shortfall £9.40 and is now behind on her rent?

    If so, the debt is in her name and she is liable to pay it.

    If this is the case, you don't have any legal debts. You do, obviously, have a moral one to your mother.
  • Thanks for all the replies, don't get the wrong idea I am just trying to see how this all works as I'm clueless to it. Of course I will be making up the HB lost etc its not a huge deal so do not get the wrong impression because I'm curious and didn't quite understand how any of it works.

    You learn by asking right? I was curious about the joint tenant because it didn't make any sense to me as it seems like a blatant loop hole for people to avoid having to pay. I'm sure you're right Aunty and there must be something in place to prevent it or its not that clean cut.

    I have no idea how to become a joint tenant or how to even qualify I'm merely asking questions to learn more about the situation. I imagine I'll need to know these things and be prepared for when I am living alone because at the moment I'm in a safe bubble and have no idea how any of it works but that will be changing next year.

    Thanks again.
  • Caz3121
    Caz3121 Posts: 15,875 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    did your ESA payment increase when you turned 25..it should have gone up by £14 per week in the assessment phase. If you are in one of the other phases you should be getting over £90 per week so £9.40 is not exactly a huge amount to pay
  • thorsoak
    thorsoak Posts: 7,166 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I very much doubt that you will be able to qualify as a joint tenant - your mother holds the tenancy for the property you live in. It isn't easily achieved, and I don't think that you would qualify, just because it would suit you.
  • If..... and it's a HUGE if...... they do allow you to go on the tenancy as a joint tenant you may save yourself a tenner a week. However, when you move out, the notice you serve will end that joint tenancy. You will effectively be serving notice on behalf of both you AND your mother. As a result, your mother may be at risk of eviction. The HA may, in their kindest disposition, choose to re-house her. But her current circumstances may mean that she is moved into a smaller property in a different area. In the mean time, should the unthinkable happen and the world of gainful employment fall upon you, you will be expected to make a far higher contribution than just the appropriate non-dependent deduction. Are you sure it's really worth it?
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    Sparkie001 wrote: »
    . Of course I will be making up the HB lost etc its not a huge deal so do not get the wrong impression because I'm curious and didn't quite understand how any of it works.


    .

    For most families living on benefits, a shortfall of nearly £10 pw is a huge deal!
  • For most families living on benefits, a shortfall of nearly £10 pw is a huge deal!

    For most families living on benefits, a shortfall of nearly £10 is pretty typical. Before we go too far down the "limited income" route let's just remember that if he was living away from home, like so many 25 year olds are, he would have to fund his own gas, electric, water, TV license, food, laundry, cleaning, rent shortfall etc etc etc. All that for less than a tenner a week? Where do I sign?
  • Hi

    The council will only give joint tenancies now to a partner or a brother / sister they don't do intergenerational joint tenancies.ie mother - daughter father - son it's to do with succession rights as then it could pass down to the sons son so to speak. .

    At the end of the day , if you were living on your own you would have to pay for everything and it would be more than £9.40pw . And with the new housing benefit changes you have to be over 35 to qualify for housing benefit for a 1 bed flat if your under 35 you only get a room in a shared house rate.

    As they say know which side your bread is buttered and stay put !!!

    Lb
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