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Urgent Help - Houses in Multiple Occupation
Comments
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yes
the council is now aware of their tenancy arrangements so any attempt to change that either retrospectively or going forward purely to access benefits would be benefit fraud
Not so.
If tenants and landlord agree nothing prevents OP to set up a new joint-tenancy to replace the existing individual tenancies. This is fair game and not fraud.0 -
No - it would have only been one months C/T (end of feb to end of march 2014) as property was single occupancy until then,which I had incidentally paid in advance anyway (Tenant no1 is a relative )
If tenant number 1 is a relative then it is unlikely they would be eligible for CT benefit or HB.
Did you receive single person discount for the period up until end Feb?0 -
jjlandlord wrote: »Not so.
If tenants and landlord agree nothing prevents OP to set up a new joint-tenancy to replace the existing individual tenancies. This is fair game and not fraud.
That would be a contrived tenancy.0 -
lighting_up_the_chalice wrote: »That would be a contrived tenancy.
No, it wouldn't.
The council may cause trouble, sure. But it is absolutely up to the landlord and tenants. to decide on a joint tenancy or individual tenancies.
If the arrangement was to have a joint-tenancy from day one, would anyone claim that it was to cheat benefits? No.0 -
That would be a contrived tenancy.
Not an issue for council tax purposes - for council tax support purposes it may be looked at but it wouldn't automatically be considered as contrived.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.0 -
jjlandlord wrote: »No, it wouldn't.
The council may cause trouble, sure. But it is absolutely up to the landlord and tenants. to decide on a joint tenancy or individual tenancies.
If the arrangement was to have a joint-tenancy from day one, would anyone claim that it was to cheat benefits? No.
But that wasn't the arrangement. A joint tenancy is only being suggested as a way of creating a CT liability for the tenants on which they can claim. Of course, that would drastically reduce the LHA entitlement, the 2 bed rate almost always being substantially lower that 2 x the shared rate.0 -
lighting_up_the_chalice wrote: »But that wasn't the arrangement.
It doesn't matter.
Landlord and tenants are free to change. This is not fraud or 'cheating'.
It's like taxes: You are free to change your arrangements in order to reduce your tax liability, you are not stuck with your initial choice.
This is playing by the rules to your benefit, not cheating the rules.0 -
jjlandlord wrote: »It doesn't matter.
Landlord and tenants are free to change. This is not fraud or 'cheating'.
It's like taxes: You are free to change your arrangements in order to reduce your tax liability, you are not stuck with your initial choice.
This is playing by the rules to your benefit, not cheating the rules.
A tenancy created in order to take advantage of the HB system is pretty much the definition of a contrived tenancy.0 -
Amended to read this -
If a tenant (who had been sole occupant) now invites a friend who had an accident to come and stay so he could help him with care and hospital visits. This friend had to go on disability benefit as he had an accident at work. Sole occupant tenant did ask Landlord if it was OK for friend to stay so he could help look after him and he agreed. (Landlord new to renting and HMO regulations but is now.)
So it was accepted that rates would have to be paid for by L/Lord for the period the 2nd tenant stayed there. A tenancy agreement was requested and L/Lord supplied one knowing that as soon as accommodation suited disability needs came up then he would go which he has done after 15 months.
Question - After reading earlier posts could they have had a Joint Tenancy? Thus stopping the HMO terms and landlord paying council tax.
Just a thought -
After reading this post can it be cost effective for a council to pay for two sets of separate accommodation and two sets of council tax in different properties, rather than allowing a Landlord have two benefit tenants non-related who are happy to share accomodation and thus only one set of Council Tax paid for by benefits and not the landlord?0 -
Just wondered as this is an older thread whether it will be flagged up for a response. Thank you0
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