Not entitled to Housing benefit, what about council tax reduction?

Blindsided_2

Hello, I'm after some advice so hope someone can help, you all seem a lot more knowledgable than me.

My ex partner owns a house he has been unable to lease, so it's currently empty. I have just been given an eviction notice on the house I am renting along with my 3 children, the council has advised that they consider me homeless but out only option is bed and breakfast until a property become available, which due to needing ground floor due to my youngest being in a wheelchair seems like it could be a long wait. They have offered us b&b accommodation until then. My ex partner has offered us the house to stay in until we can secure something else, I understand that I won't be eligible for housing benefit, understandably but the council have told me as I won't have a tenancy agreement I am. It able to claim council tax benefit either. Surely as I'm the only person living there and solely on benefits I am able to apply? My ex partner currently has exemption as the property is empty and unfurnished but I don't think he can afford to pay for his current home and this one.

Does anyone know if I am eligible?

Thank you in advance

paddedjohn

He should check whether his exemption is correct, it used to be the case that councils gave a discount for a while but they stopped in April and some councils now expect 150% council tax for empty property's, he could be amassing a surprise debt.If your child needs a wheelchair how are the council expecting you to manage in a b&b?

FLG

The solution may be for your ex to become a private short term landlord and to give you a rent book. I'm sure that you would then qualify for the benefits. The house could be let to you on a quarterly basis or longer period if ex agrees. Your ex making the place available without a formal rent agreement / card, might appear to be the start of a benefit fraud as there is no paperwork to support your claim - hence no benefit. This is only my experience, from advice given to me some time ago by a housing officer.

Caz3121

If the ex is the father of any of the children then no housing benefit can be paid with or without a tenancy agreement

Blindsided_2

I'm not expecting housing benefit, nor is he asking me to pay rent, the house is empty and so seems silly for me to be in a b&b. My main query is as the sole occupier ( he is married and lives elsewhere with his wife and children, so no fraud?) why am I not entitled to council tax help seeing as my income is solely benefits.

Blindsided_2

paddedjohn wrote: »

He should check whether his exemption is correct, it used to be the case that councils gave a discount for a while but they stopped in April and some councils now expect 150% council tax for empty property's, he could be amassing a surprise debt.If your child needs a wheelchair how are the council expecting you to manage in a b&b?

He has full exemption as the property is empty, this was renewed a few weeks ago so im assuming its correct.

The council have no other accommodation available and as of 3 weeks time I will have nowhere to stay, b&b is apparently my only option, unless I can find a private rent but that is proving to be a struggle at the minute

pmlindyloo

My understanding is that you would be a licensee - not paying rent but have permission to be resident there.

As such and according to the hierarchy of liability for council tax you would be liable.

The hierarchy of liability is:

1. a resident owner-occupier who owns either the leasehold or freehold of all or part of the property
2. a resident tenant
3. a resident who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there
4. any resident living in the property, for example, a squatter
5. an owner of the property where no one is resident.

(Advice guide)

Since you would be liable for the council tax then I believe this would make you eligible for council tax reduction.

You may have to speak to someone more senior about this and find out what evidence they need to prove your residency as you would not have a tenancy agreement.

Hopefully one of the council tax 'experts' will be along to give some advice.

System

Blindsided wrote: »

He has full exemption as the property is empty, this was renewed a few weeks ago so im assuming its correct.

the old system had full exemptions for up to 6 months but that all changed in April , my LA has discounts of 25% for 6 months after that its full payment.