Housing benefit issue...

theplastickid

Ok here is my current situation.

I am unemployed and living in my parents’ 2 bedroom flat with a flat mate. My flat mate pays his rent directly to my parents and is claiming housing benefits.

I have put in an application for housing benefit as well…

My concern:

My mother and myself have been down on the council tax register up until prior to my claim. My mother and father have lived abroad for over 4 years but my mother lived with me for a short period of 6 months prior to her move abroad and since then she has never got round to taking herself off the council tax register (she has now about 2 months ago).
I have not heard back regarding my housing benefit claim so I will be calling them soon. I am concerned they may think that I am trying a contrived tenancy as my mother has only just been taken off the council tax register. Also could I get my mother in trouble by saying she has actually been living abroad for 4 years? But not taken herself off council tax?

Would appreciate any advice before I give them a call.
Many Thanks.

Caz3121

there are many things they will look at to assess whether it is contrived. Do you have a lease? have you always paid rent prior to this?

theplastickid

Yes I have always paid rent I have just deposited cash into my mothers bank account and sometimes bank transfered part of it, but mostly cash deposits.

theplastickid

What about the council tax issue would my mother get in trouble for not taking herself off when she moved?

HappyMJ

theplastickid wrote: »

Yes I have always paid rent I have just deposited cash into my mothers bank account and sometimes bank transfered part of it, but mostly cash deposits.

Have you kept all records of the rent being paid regularly and on time or near enough to the due date to at least appear to be rent and not just some random cash payment. You really should set up a standing order of whatever amount the rent is and set it for the same day every month and make sure that the reference is something like "Rent for house".

Do you have some form of agreement? A tenancy agreement would be perfect. You can set one up now it isn't too late to do that.

theplastickid wrote: »

What about the council tax issue would my mother get in trouble for not taking herself off when she moved?

No....

theplastickid

HappyMJ wrote: »

Have you kept all records of the rent being paid regularly and on time or near enough to the due date to at least appear to be rent and not just some random cash payment. You really should set up a standing order of whatever amount the rent is and set it for the same day every month and make sure that the reference is something like "Rent for house".

Do you have some form of agreement? A tenancy agreement would be perfect. You can set one up now it isn't too late to do that.

Yes the payments are always made at the end/beginning of month. But I don't really want to have to take all of my mothers bank statements to the housing benefit office. I can set up a standing order I will do that today and I can also arrange a tennancy agreement.

Oldernotwiser

theplastickid wrote: »

Yes the payments are always made at the end/beginning of month. But I don't really want to have to take all of my mothers bank statements to the housing benefit office. I can set up a standing order I will do that today and I can also arrange a tennancy agreement.

You will have to prove that you've been paying rent regularly and at the going rate. If the only way to prove this is by taking in your mother's bank statements then that is what you'll have to do. Fortunately they won't just take your word for it.

BearPear

You may not have considered this (and to be fair there's no reason why you would even know about it) but if you and your friend have separate tenancy agreements then the property is considered to be a "House of Multiple Occupation" (HMO)

In this case the council tax should be in the landlord's name, i.e. your mum. This would be regardless of whether or not there is any benefit claim.

As for the housing benefit you may have quite a few hoops to jump through, but from what you have said you should be eligible.

Caz3121

BearPear wrote: »

You may not have considered this (and to be fair there's no reason why you would even know about it) but if you and your friend have separate tenancy agreements then the property is considered to be a "House of Multiple Occupation" (HMO)

In this case the council tax should be in the landlord's name, i.e. your mum. This would be regardless of whether or not there is any benefit claim.

As for the housing benefit you may have quite a few hoops to jump through, but from what you have said you should be eligible.

HMO will not apply if only 2 tenants
http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Repairsandstandards/DG_189201

red40

Caz3121 wrote: »

HMO will not apply if only 2 tenants
http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Repairsandstandards/DG_189201

The property may be a HMO, certainly not one that is licensable as per your link. What I think BearPear is referring to is the HMO definition in the Housing Act 2004 and as such he is correct.

A HMO is created if there are 2 households in the property and since a household can be 1 person, the definition of a HMO is satisfied.