Housing benefit for subtenant. Who is the landlord?

falesia

I was wondering if I could ask for a little advice. I am self-employed and I currently rent a three-bed house, and with the full knowledge and permission of the landlord, I sublet two of the bedrooms.

One of the sub-tenants has lost his job and can't pay his rent any more. I want to help him out if I can as while he was working he was fine as a sub-tenant.

He was asking me about making a claim for Housing Benefit. As he pays his rent to me, and has received his original tenancy agreement from me, I was wondering if you could tell me whether the Council would be making enquiries of myself or whether the owner of the property would have to become involved.

The basis on which I rent this house is slightly unusual, in that (as a tenant and as both a former employee and friend of theirs) I am required to deal with all the admin, do all minor repairs and upkeep, pay the bills, arrange for everyday cleaning, and generally maintain and keep up the house and deal with any issues that arise. The owners have always, since I moved in four years ago, stressed that they don't want to become involved in the running of the house (they have other houses as well as this one, as well as a business to run and now a young baby) except in emergencies.

I was wondering if you could tell me whether I would be considered the legitimate person to deal with the Council in this matter.

Thanks
F

pmlindyloo

As the sub tenant pays his rent to you and has a contract with you then you are his landlord. As such if the council need to get in touch then it will be with you.

When your subtenant completes his application form he will be asked for proof of his 'status' and he can show them his contract/tenancy agreement.

If he shares rooms with other people (other than his bedroom) then he will be assessed for the Shared Accommodation local housing allowance rate.

terryw

Good advice from pmlindyloo above who answered your specific question.

To protect yourself it would be wise to ensure that the tenancy with your landlord covers the points in your post.....

"The basis on which I rent this house is slightly unusual, in that (as a tenant and as both a former employee and friend of theirs) I am required to deal with all the admin, do all minor repairs and upkeep, pay the bills, arrange for everyday cleaning, and generally maintain and keep up the house and deal with any issues that arise. The owners have always, since I moved in four years ago, stressed that they don't want to become involved in the running of the house (they have other houses as well as this one, as well as a business to run and now a young baby) except in emergencies."

Much of this is the normal duties of a tenant and some of it is very vague.

Your worry might be such things as, for example, an annual gas-safe certificate. This can not be delegated to you as a tenant of a residential tenancy.

Are you sure that your "sub-tenants" are not in fact lodgers?

lighting_up_the_chalice

YOU are the landlord, but your "sub-tenant" is, in fact, a lodger as you both live in the same dwelling. This doesn't make a massive difference from a HB point of view, but does make eviction much, much easier. HB will deal with you, as the landlord, rather than your landlord. As long as you can demonstrate the liability, there shouldn't be a problem, assuming he qualifies for HB in the first place.

MisterMan_2

Though I think they will want evidence that the head landlord (home owner) has given permission for you to sublet. Although as far as I'm aware, it's not longer the case that they contact the landlord, so HB can be claimed without his knowledge - but if he mentions he's subletting, they may want this proof you're in a position to sublet.

And others are right - the tenant is a lodger. I've been the landlord through subletting before, although I didn't have to deal with HB, it was handy when I had to kick out the ex-friend who didn't inform me he an alcoholic/had mental health problems before he moved in who wasn't coping very well (think it was bipolar disorder) and terrifying the rest of the house with his crazy adventures (I kicked him out with 24 hours notice).

Bear in mind you may end up encountering all manner of difficulties you were not expecting, like not being a registered HMO,gas safety certificates etc.

mark24c

https://www.gov.uk/government/publications/letting-rooms-in-your-home-a-guide-for-resident-landlords

pmlindyloo

Out of interest I looked up the difference between a sub tenant and a lodger.

This is what Shelter said:

What's the difference between a lodger and a subtenant?

A subtenancy can apply to anything from a single room to an entire property. The main difference is that the subtenant must have exclusive access to at least one room - usually a bedroom. Neither the person you rent from, nor the head landlord can then enter the subtenant's accommodation without permission.
Having a lodger is similar to a subtenant, but the lodger can't stop the landlord from entering their room(s). The lodger may also receive some services, such as meals, laundry or cleaning. These things will depend on what was agreed at the start of the tenancy. Subtenants may have stronger rights than lodgers.

In fact, having done further research on the Shelter website, because the sub tenant and the landlord share living accommodation then the sub tenant is also an excluded occupier which gives him very few rights anyway.

I wonder what difference his having a contract makes?