13 week protection -housing benefit question

pyre

Hello,

me and my partner have split up.
We moved to a new flat with a 1 year contract in February.
We have agreed we can not live together until the end of the contract and he has been looking for somewhere else to live.
(although he does not really want to move, but for me it's impossible to stay in this flat together as friends..)

However, the £1300 deposit we put down is mine. If we leave the contract early I will lose this deposit and be liable for the rent for the remaining months.

We live in a 1 bed flat in London, and I am 29 years old so I would not be eligible for housing benefit. I work full time but the rent is 1250/month and I only make about 1100..

I called the council and asked if I might be eligible for the 13 weeks protection, which they said I might be and he suggested I'd make a claim.. My partners plan is to moveout on rhe 1st of October.
I have money to pay for one months rent alone, but for the next 3 months I do not...
I have been looking to find somebody to share with but it hasn't been easy as the kitchen/living room is open plan so I can't use the living room as a bedroom really.

I am not sure how I can prove to the council that I could afford the rent when I moved in as he lived here and paid it with me.
I'm thinking they might say he should just stay until the end of the contract as he is liable to pay the rent as well... but I really can not live with him, we have had a very destructive relationship..

any thoughts, ideas.. anything welcome..
thanks..

pmlindyloo

I am assuming that it is a joint tenancy agreement? If so, then you are right and he and you are responsible for the rent until the end of the contract unless there is a break clause. Have you checked if there is a break clause?

So your options seem to be:

1. Speak to the landlord and see if he will agree to a surrender (get this in writing) You may be charged various costs including advertising for a new tenant - your ex should be responsible for half of these.

2. Apply for housing benefit. As someone who is under 35 you would normally only be entitled to the shared room rate. On your salary I doubt you would be entitled to any HB in normal circumstances.
However, as regards the 13 week protection rule you may be entitled to it. The fact that you had a destructive relationship (have you got evidence of the police being called?) may have a positive affect on the decision.

You could also apply for a Discretionary Housing payment if your HB claim was not accepted so you need to ask about this.

To be honest, speaking to the landlord is your best option and seeing what they say. Even if you have to pay re letting fees this will still be cheaper than paying the whole rent.

As regards the deposit - why do you think you will lose this if the LL agreed to a surrender?

pyre

Thank you for your reply.

yes it is a joint tenancy.

The landlord has not agreed to a surrender, but he said we can find a new tenant ourselves to move in instead of us that would be fine with him and that way I would not lose the deposit or have to finish the contract.

I have listed the flat on spareroom, but to be honest it is a bit expensive for what it is and hasn't generated much interest even tho it's got good pictures and discription..

I do have evidence of the police coming by, I saved the papers with the "incident numbers" or what it was called..

Do I have to wait until my ex moves out or can I apply before, as we know when he will move out?

Another option I have is to try and find a girl to share the bedroom with, even if she would only pay 400-500 or so out of the 1250 I could probably borrow some money from my parents for the remaining months..
But would rather not put that on them as they are both pensioners now and dont have much income

Housing_Benefit_Officer

The fact you didn't claim Housing Benefit and you and your former partner have been paying your rent out of your own resources is proof enough you could afford the rent when you moved in. As long as you haven't claimed Housing Benefit in the previous 52 weeks you should be OK for the 13 weeks protection.

Housing_Benefit_Officer

pyre wrote: »

Do I have to wait until my ex moves out or can I apply before, as we know when he will move out?

You can apply before he moves out although one of two things will happen.

1) They will still treat you as a couple and any Housing Benefit claim will be based on joint income.

2) If they don't treat you as a couple (highly unlikely as you are living in a 1 bedroom flat) they will only calculate any entitlement based on 50% of the rental liability as the other joint tenant is still resident.

You can submit an advance claim although it won't be processed until the date of change.

Housing_Benefit_Officer

pmlindyloo wrote: »

You could also apply for a Discretionary Housing payment if your HB claim was not accepted so you need to ask about this.

You can only apply for Discretionary Housing Payments if you qualify for Housing Benefit. If you don't qualify for any Housing Benefit any DHP claim would be automatically rejected.

pmlindyloo

pyre wrote: »

Thank you for your reply.

yes it is a joint tenancy.

The landlord has not agreed to a surrender, but he said we can find a new tenant ourselves to move in instead of us that would be fine with him and that way I would not lose the deposit or have to finish the contract.

I have listed the flat on spareroom, but to be honest it is a bit expensive for what it is and hasn't generated much interest even tho it's got good pictures and discription..

I do have evidence of the police coming by, I saved the papers with the "incident numbers" or what it was called..

Do I have to wait until my ex moves out or can I apply before, as we know when he will move out?

Another option I have is to try and find a girl to share the bedroom with, even if she would only pay 400-500 or so out of the 1250 I could probably borrow some money from my parents for the remaining months..
But would rather not put that on them as they are both pensioners now and dont have much income

Have you told the landlord that you are having difficulty with finding a tenant as it is a one bed place? Could you ask him to let you surrender the tenancy and pay the re letting fees? He has until October to find someone.

This is a difficult situation for you because it is a one bed place with, from what you say, no separate room for a bed settee or similar.

If the LL will not agree then you will have to go the HB route and it is good to know that HBO thinks it will be OK.

pyre

Thanks to everybody for replying.

I am going to go to my one stop shop tomorrow before work and see if I can put through an advance claim.

I'm worried about staying here alone tho, what if I wouldn't get the housing benefit and I can't find any new tenants? the landlord did not seem happy to have to find new ones himself (I rent directly from him and he lives abroad). I'd be in a lot of trouble.. It's quite a stressful situation but I feel like I have to go through with it as living together just isn't an option

BigAunty

You have indicated there are potential domestic abuse issues involved. Look at the relevant information on the Shelter England website and if you are female, look at the Womens Aid website. They offer information to those experiencing domestic abuse, including housing/homelessness advice.

nannytone_2

could your ex stay imn the flat for the remained of the tenancy and you move out?