Joint Tenancy - Housing Benefit?

milkshaykh

Hi guys, looking to get some advice on my current situation.

Me and my parents are living in a 4 bed house, paying rent for 2 beds each. My father is currently getting housing benefit and pension credit. On the tenancy agreement, me and my father are joint tenants and we split the rent 50/50. He is currently getting 1 Bedroom LHA rate and has me as a non-dependant on his HB application form (I don't believe this is correct as i should be separate from his household, but he doesn't agree)

In addition, my brother is moving into the house as a 3rd joint tenant. Rent is £1200 and will be split as follows: Father £600, Myself £300, Brother £300

I am now unemployed and wanted to find out if i can also apply for housing benefit, but not sure as my name is already on my father's HB application form as a non-dependant.

Should he notify the council that he no longer has a non-dependant living in his household, so that i can apply for my own housing benefit?

Any advise will be much appreciated.

Housing_Benefit_Officer

1) You are not a non dep you are a joint tenant. You should not appear on your father's claim.
2) You need to make a claim for your share of the rent ASAP.
3) You need to inform the Council you were never a non dep but a joint tenant. There may be a refund of underpaid HB if they have been taking a nn dep deduction.
4) if your brother moves in and becomes another joint tenant both you and your Father needs to notify the Council separately.

Caz3121

Something sounds odd
If your father was the only one claiming with you as a non-dependent, then this should have been against the 2 bedroom rate with a deduction from the benefit based on your income (unless the benefits they currently receive mean there are no non-dependent deductions)

Whether you can claim will depend on your rent liability. If you are named on the tenancy agreement and have a liability to pay rent then you should be able to claim the shared accommodation rate (even if you are over 35, as you are sharing)

I would see if you can get hold of your fathers award letter and take it and the tenancy agreement into the council and explain the situation

milkshaykh

Housing_Benefit_Officer wrote: »

1) You are not a non dep you are a joint tenant. You should not appear on your father's claim.
2) You need to make a claim for your share of the rent ASAP.
3) You need to inform the Council you were never a non dep but a joint tenant. There may be a refund of underpaid HB if they have been taking a nn dep deduction.
4) if your brother moves in and becomes another joint tenant both you and your Father needs to notify the Council separately.

That's a relief I agree with all your points and i intend to pay a visit to the local council office to correct the situation. My father has recently told me that they did reduce the housing benefit to approx £137 which is below the 1 bedroom LHA of £150. No idea why, he still doesn't know the reason to this as the only other benefit he gets is guaranteed pension credit.
My other concern is regarding the sharing of rooms in the property. My parents have sole use of 2 bedrooms and a bathroom. My brother and myself pay rent for a bedroom each but share a bathroom. Will sharing be a problem and effect my housing benefit entitlement?

milkshaykh

Caz3121 wrote: »

Something sounds odd
If your father was the only one claiming with you as a non-dependent, then this should have been against the 2 bedroom rate with a deduction from the benefit based on your income (unless the benefits they currently receive mean there are no non-dependent deductions)

Whether you can claim will depend on your rent liability. If you are named on the tenancy agreement and have a liability to pay rent then you should be able to claim the shared accommodation rate (even if you are over 35, as you are sharing)

I would see if you can get hold of your fathers award letter and take it and the tenancy agreement into the council and explain the situation

I agree, i was discussing with my father that he should be getting a 2 bed LHA rate if i am put down as a non dep on his application. Will have to clear this after i pay a visit to the council office tomorrow with him. Thanks