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housing benefit house share?

Hi there I am a newly single parent to two children (2 and 4) and currently receive and rent a 2 bed house on the LHA rate. The house is not ideal so I am looking to move and I was wondering if it was possible to still get the LHA for a 2 bed property if I was to move in to a 3 bed property with m friend who is a student and is willing to pay the rest of the rent.

obviously don't want to do anything unless we're sure we can afford it, so the new housing situation would be a 3 bed house with housing benefit to cover the majority (the 2 bed LHA that I am currently entitled to) and the remainder (about £100) to be paid by my friend.

Do we have to get a joint tenancy agreement? Would the landlord make us two separate agreements for 2 rooms and 1 room? How do I go about this?

Just want some company in the evenings and help with the housework! Thanks x

Comments

  • BigAunty
    BigAunty Posts: 8,310 Forumite
    1,000 Posts Combo Breaker
    I can't answer your LHA query.

    Some landlords won't issue separate tenancy agreements because they prefer for all tenants to sort out the rent between themselves and pay them a single sum, be responsible among themselves for arrears. It's less hassle for them, and less risky, if they issue one joint tenancy agreement.

    Also, I think that separate tenancy agreements may make the landlord responsible for council tax under HMO rules, I could be wrong, but sometimes this overules the tenants being primarily responsible.
  • i'd prefer a joint tenancy agreement then my whingeing parents can stop moaning that lucy will find a boyfriend and move out.

    just didn't know what position that would put me in with housing benefit. I need to get the lha for a 2 bed in the area for this to work financially.
  • BigAunty
    BigAunty Posts: 8,310 Forumite
    1,000 Posts Combo Breaker
    I expect a third option is for you to get a tenancy in your sole name and take on your friend as a lodger if the landlord gives permission.

    I expect, though, that if you are on benefits and are seen to receive rental income, this could be a complicating factor.
  • yeah don't think you can sublet on benefits. i would ask at the local cab but you have to make an appointment, are kept waiting for hours then they can't work their computer system and when they finally get the page they wanted they can't answer any of your questions as they're not experts..... but all the agencies direct you to cab.
  • Yes you would be entitled to the 2 bed rate and your friend, the room rate if they applied. It is best to get a joint tenancy and then specify to your LA how the rent is split. You would both be liable for CT but you would be assessed for your half. If you have separate tenancy agreements it is no longer a joint tenancy.

    I would phone your LA and ask their advice but this is how it would work in my area.

    HTH.
  • BrilliantJust wanted to check we could do it, and that the rent my friend would pay (not entitled to benefits as she's a full time student) wouldn't count as income and mess up my own benefits. I hate living alone so paranoid something will happen and my kids will get hurt - what if i fall and bang my headm what if there's a fire and for some reason smoke alarm doesn't go off etc etc i've taught my 4yr old to open stair gates and the downstairs one is left open at night, she knows how to get her sister out (climb on a toybox and pull her over the gate) if the gate won't'open. They can unlock the front door and know to bang on next door if they need to. I know i'm paranoid, but can't help it. Would be much calmer with another adult in the house.
  • Also, your friend wouldn't be counted towards council tax if she provides evidence of student status, so you'd get the single person discount (25% off).
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Also, I think that separate tenancy agreements may make the landlord responsible for council tax under HMO rules, I could be wrong, but sometimes this overules the tenants being primarily responsible.

    It would be a Council Tax HMO as they would be renting part of the property.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Mara69
    Mara69 Posts: 1,409 Forumite
    mandimoo87 wrote: »
    Hi there I am a newly single parent to two children (2 and 4) and currently receive and rent a 2 bed house on the LHA rate. The house is not ideal so I am looking to move and I was wondering if it was possible to still get the LHA for a 2 bed property if I was to move in to a 3 bed property with m friend who is a student and is willing to pay the rest of the rent.

    obviously don't want to do anything unless we're sure we can afford it, so the new housing situation would be a 3 bed house with housing benefit to cover the majority (the 2 bed LHA that I am currently entitled to) and the remainder (about £100) to be paid by my friend.

    Do we have to get a joint tenancy agreement? Would the landlord make us two separate agreements for 2 rooms and 1 room? How do I go about this?

    Just want some company in the evenings and help with the housework! Thanks x

    Your biggest problem will be if you decide to go down the route of renting a three bed, getting LHA for a two bed and relying on a friend to pay the rest of the rent. What if the friend loses her job or you have a falling out and they leave - or just refuse to pay? You'll be left holding the baby, as it were so you definitely need separate tenancies.
  • My friend would be having her share paid by her parents and its cheaper than halls, so i see no problem there.she also has now her else to'go locally so would have to give up uni.

    I just need to know how we go about this, any ideas? I will check with the relevant people'here but i'm usually left with no/wrong info and itmdoes my head in!
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