housing benefit rent question NO idea where to post

winter3

I did want to post this on the CAB board but there is no "new thread " button on there anywhere ! And I'm not sure if i'm in the right place here either.

I rent a property on a comemrcial basis from my brother. It's an assured shorthold tenancy to myself/ I am married with 2 children under 5, and to my elderly parents. The agreement is in my name and my parent's names. My mother is registered disabled and my wife is a registered carer for her. My father has a range of health issues and also requires care. It's three bedrooms. Housing benefit is consistently short of the rent we should be paying and we've ended up in court previously over this as my brother is fed up of the shortfall and us not being always to pay the full rent. What I want to know is if we are likely to get more in housing benefit if my brother were to create 2 separate tenancy agreements instead of having us all on one agreement? Would be very grateful for any ideas on this as we are constantly struggling to meet the rent and he is fed up of having to put up and has threatened eviction if the situation continues.
thanks

pmlindyloo

winter3 wrote: »

I did want to post this on the CAB board but there is no "new thread " button on there anywhere ! And I'm not sure if i'm in the right place here either.

I rent a property on a comemrcial basis from my brother. It's an assured shorthold tenancy to myself/ I am married with 2 children under 5, and to my elderly parents. The agreement is in my name and my parent's names. My mother is registered disabled and my wife is a registered carer for her. My father has a range of health issues and also requires care. It's three bedrooms. Housing benefit is consistently short of the rent we should be paying and we've ended up in court previously over this as my brother is fed up of the shortfall and us not being always to pay the full rent. What I want to know is if we are likely to get more in housing benefit if my brother were to create 2 separate tenancy agreements instead of having us all on one agreement? Would be very grateful for any ideas on this as we are constantly struggling to meet the rent and he is fed up of having to put up and has threatened eviction if the situation continues.
thanks

Personally I would be going to CAB for help with this (the CAB forum is closed on here)

I am presuming that you are getting the shared accommodation rate of LHA (as are your parents) because you are on a joint tenancy agreement?

There are several different scenarios which may be possible depending on what benefits your parents are receiving.

You could try putting different scenarios into the benefits calculator on https://www.entitledto.co.uk to see. e.g with your parents as the claimants/you as the claimants.

Otherwise get an appointment with CAB to find out the best option.

PS Copy and paste your question onto the Benefits and working tax credits forum - you may get some further help.

elmer

As you are already on one tenancy, a change to two tenancies without any other material change may be seen as contrived, and you may be denied any Housing benefit at all.

How long have you had the single tenancy agreement?

winter3

thank you. We've had the tenancy jointly ( my name + my parents names) roughly 3 years, renewable every 12 months; they pay £200 for me and my family, and for parents they pay £137 roughly ; the actual rent charged on the agreement per week is £400. There's about £4,000 shortfall roughly every year.

I work part time and get housing benefit.
My mother gets disability living allowance (with carers allowanace component) and pension credit
My father gets pension credit
My wife gets carers allowance for looking after my mother

thank you

ps- rcently the property has been transferred from one family member ( brother) to another brother and his daughter so now we have new landlords and are wondering if this might be a good time to change the way the tenancy agreements are done if it gives us a chance of getting more in order to meet the rent due. Otherwise we are wlaking back into the same situation as before. we've only avoided eviction due ot my mother having dementia and not being able to cope in new surroundings.

Poppie68

I'm sorry but the whole scenario seems dodgy to me! Your brother would really evict his elderly sick parents over a few quid?

[Deleted User]

It would seem to me that your brothers should be grateful that you and your wife are willing to look after their (as well as your) parents. This must have had an impact on your earning power. The rent seems rather high for a 3 bed house (depending on where it is).

I'm amazed that this doesn't give you any negotiating power with your brothers/Landlords.

How much LHA can you get for a three bed property as opposed to the share arrangement you have now? Could you use the incapacity of your parents as reason to take over and change the tenancy? Its a complicated one, and you will need advice on what local housing policy is. I wonder if your local councillor would help?