Husband Left - Please Help

kirstle99

Thanks for that RAS. I've been told I can't apply for anything like housing benefit etc until they have updated my tax credits claim is this right?

Also, I rent privately from my mum. Does she need to do anything if i'm going to make a claim, register as a landlord anywhere etc?

BurnleyBob

If you require Housing Benefit to help pay rent to your mother then it's a racing certainty the council will want to view the tenancy agreement. They'll very likely want to see evidence of previous rental payments you've made to her. She should already be declaring rental income to HMRC.

kirstle99

Thanks for that, yes she has been declaring all that anyway I just wondered if there was anything else she needed to fill in, we have always done the renting above board etc.

harrys_dad

I very much doubt you will get HB if you are renting from a family member, but that does not stop you asking. You should still apply for Council tax Benefit and are certainly entitled to the 25% single adult reduction. Have you told your children's schools? Make sure you separate your finances completely from your ex, no money being paid into joint accounts etc. If you have joint accounts then maybe you should consider removing the money before he does.

Do you have any joint debts? Will need to find a way forward if you do. Also, read the meters and inform the utility companies. If there is a tenancy agreement is your husband on it too? If so it needs sorting.

kirstle99

Thanks, yes I didn't think i'd be entitled either but I guess there's no harm in asking.

Yes we have informed the school & nursery there is nothing domestic going on which we have told them, it's an amicable situation.

I'm in the process of moving everything over to my single account, he doesn't know his PIN for the joint account anyway and has assured me any money in there is mine and I believe him. His priority is making sure the change is as easy for me and the kids as possible, so I know i'm lucky in that respect.

zzzLazyDaisy

Provided this is a genuine tenancy at a commercial rate, with a tenancy agreement and rent being declared to tax, which was already ongoing and established before the split, you have a very good chance of it being treated as a commercial tenancy and therefore eligible for LHA (provided all other eligibility criteria are satisfied).

Where there is a problem in renting from family members is where the LA suspect a contrived tenancy (ie the tenancy was only set up shortly before the split, no previous history of the house being rented out, no history of a commercial rent being paid etc).

Obviously you should expect a fairly detailed investigation, but it certainly is not a forgone conclusion that you will be refused LHA.

Also be aware that any child maintenance paid by the father is disregarded for benefits claims.

Daisy

BurnleyBob

I agree with Daisy. Subject to the OP having a low enough income, savings and capital then her chances of being awarded Housing Benefit for her established tenancy is excellent.

She might want to know that in the unlikely event of a Housing Benefit claim being denied by an LA officer then it can be appealed and the Tribunal will get to make the final decision.

BurnleyBob

kirstle99 wrote: »

Thanks, yes I didn't think i'd be entitled either but I guess there's no harm in asking.

Yes we have informed the school & nursery there is nothing domestic going on which we have told them, it's an amicable situation.

I'm in the process of moving everything over to my single account, he doesn't know his PIN for the joint account anyway and has assured me any money in there is mine and I believe him. His priority is making sure the change is as easy for me and the kids as possible, so I know i'm lucky in that respect.

I've been through the Housing Benefit process twice as landlord for both daughters as tenants in properties at different LAs. One's situation was similar to yours (husband hopped it, established tenancy) and her claim was approved on the sixth working day after she submitted the evidence they required of her which consisted of them taking photocopies of the tenancy agreement, rent book, bank statements with the standing order payments for rent on them and her replies to several written questions they asked of her. Ditto for the other one whose claim was far more problematic as that property had never been tenanted. Her claim took 12 days to process, if memory serves.

On both claims I was asked to submit evidence of rental payments received and requested to answer four written questions which were identical.

They were:-

Have you previously rented out the above property? Why is the property being rented to the above-named tenant? Would you rent the property to anyone else? Should Housing Benefit not be awarded and the tenant is unable to meet the rental liability would you ask them to vacate the property?

That last two are the critical ones. Cross your fingers that mum gives an unequivocal yes replies to those.

kirstle99

Thank you very much. I'll show this thread to my mum tomorrow so we can hopefully move forward. Thank you.

BurnleyBob

Hello mum.

The council where your girl's at will be cautious about contrivance due to your relationship with her so will pay special attention to her claim.

It won't mean you will be hauled to an interview but you will have to provide some evidence of prior rental payments made to you and be satisfied that you will treat her exactly the same as any other tenant who doesn't adhere to the terms of the tenancy agreement.

They need to see your signature beneath a declaration that states you would rent the property to any stranger who could meet the rent along with the usual provisos and that if she's unable to you would have no compunction about taking eviction proceedings and ultimately sling her out of your property.

Whether you would be so mercenary only you would know for definite, but for HB purposes they will want to be assured that the TA will be a no ifs or buts business arrangement.