Housing benefit recieve esa and pip

Philbuk

Can anyone please help me, i have applied to bromley council for housing benefit,

I have currently moved into a joint tenancy with my friend, in a 2 bed house.

I recieve PIP standard living allowance rate, and ESA support group.

The council replied asking for further evidence of a letter from my landlord sighned saying i am liable for 50% of the rent, which i thought would have been clear with the joint tenancy contracr.

Due to my nentalhealth i replied informing them of the great deal of stress this would cause me, i dint want any problems with the landlord, one of my coditions is social anxiety.

They replied saying they require this information or they cannot go aby further with this claim.

I got the courage up to speak to my landlord, she us happy to write a digned letter saying im a joint tenant, but not saying im liable 50/50, because the joint tenancy is self explanatory.

Are the council just trying to FOB me off? !!!128542; my anxiety has been so bad these past couple of weeks. Im currently living only on my esa and pip and my friends pays most if the re tu till i recieve HB.

Hoogle

No they are well within their rights, they need to know how much money to pay the landlord, the alarm bells are why the landlord wont specify your portion of rent. A Joint tenancy does not automatically mean 50/50 shared some people will have an en suite bathroom and pay a bit more for that master room. Other agreements are 1 person pays rent the other pays the bills etc. As you are in London I would believe it is safe to assume your LHA would not be enough to cover your portion of rent.
The other main reason which is quite possible you could be just a named tenant on the tenancy which could mean you have no financial responsibility just approved to live there.

pmlindyloo

Hoogle wrote: »

No they are well within their rights, they need to know how much money to pay the landlord, the alarm bells are why the landlord wont specify your portion of rent. A Joint tenancy does not automatically mean 50/50 shared some people will have an en suite bathroom and pay a bit more for that master room. Other agreements are 1 person pays rent the other pays the bills etc. As you are in London I would believe it is safe to assume your LHA would not be enough to cover your portion of rent.
The other main reason which is quite possible you could be just a named tenant on the tenancy which could mean you have no financial responsibility just approved to live there.

I do not believe this is correct.

A joint tenant is jointly responsible for the whole rent.

However, for HB purposes the joint tenancy means that they split the rent between the number of joint tenants. But, joint tenants are only entitled to the shared accommodation LHA rate.

I am not surprised that the LL is refusing to say they are responsible for 50/50 as they aren't!

https://www.entitledto.co.uk/help/joint-tenants

FBaby

Of course HB is going to ask for this. Imagine a situation by which you have an arrangement with the other tenant by which they continue to pay the full rent whilst you look after their child, they don't pay you childcare and you don't pay rent. Then you cash in the HB without paying the rent whilst they get free childcare.

Of course the LL will not write to say you are responsible for 50% of the payment as you are jointly responsible, but they could say that they have arranged with you and the other tenant for each to pay 50% by direct debit.

pmlindyloo

FBaby wrote: »

Of course HB is going to ask for this. Imagine a situation by which you have an arrangement with the other tenant by which they continue to pay the full rent whilst you look after their child, they don't pay you childcare and you don't pay rent. Then you cash in the HB without paying the rent whilst they get free childcare.

Of course the LL will not write to say you are responsible for 50% of the payment as you are jointly responsible, but they could say that they have arranged with you and the other tenant for each to pay 50% by direct debit.

But I don't know why the council are asking this.

As you agree, a joint tenancy means they are jointly responsible for the rent.

For HB purposes joint tenants are only entitled to the shared accommodation LHA rate which is based on the split of the rent between the joint tenants - in this case 50/50.

I can only guess that this may not be a joint tenancy but separate tenancies.

pmlindyloo

pmlindyloo wrote: »

But I don't know why the council are asking this.

As you agree, a joint tenancy means they are jointly responsible for the rent.

For HB purposes joint tenants are only entitled to the shared accommodation LHA rate which is based on the split of the rent between the joint tenants - in this case 50/50.

I can only guess that this may not be a joint tenancy but separate tenancies.

I had forgotten that the OP was receiving daily living PIP.

So, if the OP is in receipt of the Severe Disability Premium with their ESA then they are eligible for the one bed LHA rate even if they are living in shared accommodation.

Severe Disability Premium included in benefit assessment 2.080 Under 35 year olds, single customers over 35 or couples who have no dependent children and who have the Severe Disability Premium included in their benefit assessment, will have their benefit allowance based on the one bedroom LHA rate whether or not they share accommodation and regardless of its size.

(Local Housing Allowance Guidance)

Still can't understand why they are asking about the 50/50 split! Perhaps I am missing something............

Philbuk

Im exempt from the shared accomadation rate, i should recieve the 1 bedroom rate, due to recieving PIP daily living componant. States this on cab and entitked2

xylophone

Im exempt from the shared accomadation rate,

Write to the Council explaining the above?

http://www.bromley.gov.uk/info/1147/local_housing_allowance/472/local_housing_allowance_lha_rates

https://lha-direct.voa.gov.uk/SearchResults.aspx?LocalAuthorityId=6&LHACategory=1&Month=2&Year=2018&SearchPageParameters=true

Ames

I think a call to Shelter might help. They'll be able to tell you what to say to the council about them asking for information that the landlord doesn't have to give.

Hoogle

Sorry I was not clear in my post pmlindyloo put it better. you can have an agreed direct debit for example splitting the rent 50/50 and the landlord shouldn't have a problem stating that the agreement is that, But the reason the landlord might not do that is because they may fear putting it in writing would stop a claim if your housemate decided not to pay rent. If that was to happen then you are jointly responsible to clear outstanding rent and if they refuse to pay their part or cant then the landlord can chase you for it.

tboo

Philbuk wrote: »

Can anyone please help me, i have applied to bromley council for housing benefit,

I have currently moved into a joint tenancy with my friend, in a 2 bed house.

I recieve PIP standard living allowance rate, and ESA support group.

The council replied asking for further evidence of a letter from my landlord sighned saying i am liable for 50% of the rent, which i thought would have been clear with the joint tenancy contracr.

Due to my nentalhealth i replied informing them of the great deal of stress this would cause me, i dint want any problems with the landlord, one of my coditions is social anxiety.

They replied saying they require this information or they cannot go aby further with this claim.

I got the courage up to speak to my landlord, she us happy to write a digned letter saying im a joint tenant, but not saying im liable 50/50, because the joint tenancy is self explanatory.

Are the council just trying to FOB me off? !!!128542; my anxiety has been so bad these past couple of weeks. Im currently living only on my esa and pip and my friends pays most if the re tu till i recieve HB.

I would assume as long as the original tenancy shows who are the tenants and your claim shows only 2 bedrooms then it will be 50/50
But
The council asking for a letter off the landlord must be because something may have flagged up from the claim form or it could be that the other person has claimed HB and their claim is different.