Polish tenant

specialboy

If you are willing to lower the rent to suit her benefit entitlement isn't that a contrived tenancy?

FluffyDuck3

Are the children UK citizens? Wouldn't that make a difference?

Icequeen99

The other issue she may have is with tax credits accepting that they are separated.

First, you need to check that she ended the child tax credit claim as a couple and made a completely new claim as a single person - it sounds like she may not have done that as I would have expected some delay in getting those benefits back due to her residence status.

Secondly, even though the claim may go through it is likely to be investigated if there are financial links showing up at the address. If they are married, they need to show that they are separated in circumstances likely to be permanent.

She needs to take steps to sever financial ties - change utilities to her name, change tenancy agreement to only her name, set up formal maintenance arrangements (even if only a small amount), contact arrangements for the children, get him to change his address on official docs etc otherwise she is likely to run into problems.

IQ

mickflynn39

If you are willing to lower the rent to suit her benefit entitlement isn't that a contrived tenancy?

Well if that is a rule then it is a silly rule that I am prepared to flout.

mickflynn39

Are the children UK citizens? Wouldn't that make a difference?

Yes they all are.

mickflynn39

The other issue she may have is with tax credits accepting that they are separated.

First, you need to check that she ended the child tax credit claim as a couple and made a completely new claim as a single person - it sounds like she may not have done that as I would have expected some delay in getting those benefits back due to her residence status.

Secondly, even though the claim may go through it is likely to be investigated if there are financial links showing up at the address. If they are married, they need to show that they are separated in circumstances likely to be permanent.

She needs to take steps to sever financial ties - change utilities to her name, change tenancy agreement to only her name, set up formal maintenance arrangements (even if only a small amount), contact arrangements for the children, get him to change his address on official docs etc otherwise she is likely to run into problems.

IQ

You make many good points. I know she has changed the Council Tax bill to her name only from the date in January when they separated. I'll need to check everything else. I know the tenancy agreement hasn't been changed so I'll get on with that.

Caz3121

How much arrears is she currently in?
If she claims for housing benefit they are unlikely to backdate it (and it is paid in arrears) so you could have a very long wait for the rent to be up to date...are you happy with this?

sleepless_saver

mickflynn39 wrote: »

Well if that is a rule then it is a silly rule that I am prepared to flout.

Of course you want to help. But, silly rule or not, if the council decided (as they might) that it is a contrived tenancy because you agreed to take less rent then they would not pay housing benefit.

NYM

sleepless_saver wrote: »

Of course you want to help. But, silly rule or not, if the council decided (as they might) that it is a contrived tenancy because you agreed to take less rent then they would not pay housing benefit.

I was just going to post exactly that !

I know nothing about housing benefit, but I would assume that if the OP is prepared to drop the 'going rate' down to the level of the housing benefit payment, it might indicate that the tenancy is a contrived one therefore taking it outside the realms of a commercial tenancy.

It would be very difficult to justify the rent paid previously through HB when the husband was there to the rent now that he isn't.

mickflynn39

The rent will soon be 2 months in arrears. I am happy with this situation. Any arrears will be paid off in the future as once all her benefits are sorted she will be fine financially. Worst case scenario I'm prepared to write any loses off if we can't get her finances sorted. If this happens she'll have to go back to Poland. I'll then rent the house out again.

I'm not worried about a contrived tenancy situation as the house is so obviously worth a lot more than £450 a month. I am in the lucky situation where I can afford to help out.