Need Some Advice Over Change in Moving

CannotFindHelp

Hi. I recently put in new claims with Housing and JSA Benefit.

Shortly afterwards, as in a few days, I had an argument with my flatmate and she decided she wanted me to leave. I protested, as my name is on the tenancy agreement as well, so I have equal rights to be there and I have contributed to the rent as has she. However, when she got hysterical, I felt something needed to budge before anything harsh (like her calling the police and there being a domestic disturbance at my door) happened and so I made arrangements to go and stay with a friend (in the same area) while I considered my next move.

Legally speaking btw, the tenancy expired in February 2012, but there has been a rolling "oral agreement" in place with the landlord since on a month by month basis.

The JSA Benefit claim was relatively straightforward and looks to have been processed - I've signed on already at least once and I'm due to get my first payment this week.

My Housing Benefit Claim was still pending when the Council contacted me and told me that they have no record of me living at my address any longer. It seems my flatmate removed me from the Council Tax (without my permission) and applied for a single occupancy discount at the same time - within a day or so of me leaving.

As far as I'm concerned (and I've told the Council this) I might not physically be there right now but I am still legally resident at that address - as my mail arrives there, as far as anyone concerns that is my residence and as far as I am concerned from a legal standpoint I live there. Besides, if I rent a new place privately, the Estate Agents would never allow me to sign any agreements if I said that I had no fixed abode. I don't consider myself homeless, just displaced temporarily, I also believe I am able to secure private rental accommodation within the next month (at the very very latest)

So what I'm wondering, basically, is whether I am able to claim for a Crisis Loan in order to raise the money for living expenses as fast as possible to move into a new place? Alternatively, is there a loan or a Grant that the council can offer me towards a new place that I can then pay back. It's literally a case that if I can raise the money needed I can be in a new place within less than a week.

BigAunty

There are two separate things here - the tenancy and its obligations, and the HB claim and your responsibilities. Your anxiety about how letting agents will treat you is irrelevant to both from a legal perspective.

The Shelter website will explain how your tenancy operates, your rights. There are certain ways to end a tenancy with the landlord or you are obliged to keep paying rent - your spat with the flatmate is irrelevant to the terms of the tenancy agreement.

Since you have a periodic tenancy, you should serve notice which will end it for both parties and it's up to her to negotiate a new agreement to stay there - make sure you understand how to time your notice to end it by a certain time, it's not usually the case you can just end it with a month's notice, the notice needs careful timing to end with the rental period or you can accidentally end up with owing nearly a month's more rent, for example.

So while you might be able to find a place within a week, you are still obliged to pay rent to your current landlord until you formally end the tenancy with them. Don't mess up by being hasty.

You should not claim HB for a place where you don't physically live. I bet if you were paying for the rent out of your own money rather than the taxpayers you wouldn't be so lax about it. Shelter or the Citizens Advice can tell you if you have the rights that you suppose by continuing with a claim in a place that isn't your primary residence or whether your right to re-occupy it is sufficient, or if you will have to pay back the HB claim.

Many councils operate a deposit guarantee scheme for those on low incomes and/or in housing need. There is a DWP loan that you can get for rent in advance.

You ought to sort out your existing tenancy and HB claim problems first before getting tied up in further issues.

CannotFindHelp

Thanks for your advice.

To clarify, I've received 0% in Housing Benefit towards any cost or rent of my current legal address - I've paid for my share of the rent since I moved in over three years ago through my own money, never with any taxpayers money

Second, I have informed the landlord of the situation, I have also served the landlord with my notice notice as I fully believe in my ability to move into another residence in the next few weeks. That being said, as you pointed out, I am still responsible for that property and paying rent as a resident until my notice expires.

I could approach Shelter or Citizen's Advice and push the idea of going back to the residence but I don't wish to have the Police involved and as my flatmate is female I feel they would side with her over me as to who should be left without a residence in the short term.

BigAunty

If you have a tenancy at that place, you have the legal right to live there - the police are notoriously poor at housing/tenant law but should actually offer you support to enter. Why not speak to community police officers to see if they can help you take up occupancy?

The Police won't want to get sucked into who has the right to live there - you both do if you both have tenancy contracts and they cannot adjudicate and give an order cancelling it - only the landlord or court have the power to serve notice and enforce it.

benefitbaby

Housing Benefit can be paid for temporary absences from the home however there has to be an intention to return.