Seperated but under the same roof.

woolyG_2

Thanks for your information guys I have we checked and I am definitely not on the lease and the HB claim is solely in my husband's name. I shall try and speak with his CPN, but he won't make it easy as he refuses to allow me to attend any of his appointments with either the CPN or Psychiatrist.

woolyG_2

I found this on the citizens advise site but I am not sure if it is applicable to my case, he does receive DLA middle rate care though:

You can also get an extra bedroom if you're in a couple and one of you has a disability that means you can't share a bedroom. The disabled person will need to get at least 1 of these benefits:

the higher rate of Attendance Allowance

the middle or higher rate care component of Disability Living Allowance

the daily living component of Personal Independence Payment
an Armed Forces Independence Payment

Comms69

woolyG wrote: »

Thanks for your information guys I have we checked and I am definitely not on the lease and the HB claim is solely in my husband's name. I shall try and speak with his CPN, but he won't make it easy as he refuses to allow me to attend any of his appointments with either the CPN or Psychiatrist.

Look I appreciate I'm maybe being unclear.


Did you husband agree to take your name off the lease? Do you have a document signed by you, your husband and the landlord?


There are complicated legal reasons as to why it's important. Primary of which is your liability for rent.

woolyG_2

Not a problem, I understand why you are labouring on the lease point and its importance, but the lease was renewed 18 months ago and I made appoint of making sure my name was removed from the lease.

Comms69

woolyG wrote: »

Not a problem, I understand why you are labouring on the lease point and its importance, but the lease was renewed 18 months ago and I made appoint of making sure my name was removed from the lease.

Excellent. Thank you for clarifying.


it's something that most letting agents and landlords get wrong.


As long as a new lease was offered and signed you are not liable (but you also have no rights to be there)

woolyG_2

Following on with this issue we have just had a visit from the landlord. He has stated he can carry out the work to add an extra room to the house that my husband can use instead of the caravan in the garden.
He said all we need to do was once the work is carried out was to contact the housing benefit office and ask them to reclassify the house as 4 bedrooms. He said they would then assess the HB at the 4 bedrooms local rent rate and would probably discount it by 14% for under occupancy, he said I could dispute this and try and overturn it. He seems to think we have a decent case to argue.

Does anybody know if this advice is correct? Is there anything we need to be aware of when we apply to have the house reclassified to 4 bedrooms, as the landlord wants him to commit to a £70/week hike in the rent.

tboo

woolyG wrote: »

We are linked via the benefits we receive but I have closed all the joint accounts we have no other financial links including the house tenancy, him being the main claimant it feels like he controls my money even though we are separated. All the bills are in his name but I am responsible for paying them.

Yes, it is a very complicated situation, I am just worried sick how best to resolve it and the consequences if I don't.

Yes I would love to file for divorce but fear what that sort action would have on him,

So you want to possibly divorce and move on but you seem commited to adapting the house to include space for him.

woolyG wrote: »

Thanks for your information guys I have we checked and I am definitely not on the lease and the HB claim is solely in my husband's name. I shall try and speak with his CPN, but he won't make it easy as he refuses to allow me to attend any of his appointments with either the CPN or Psychiatrist.

He has the lease and is the claimant for HB.
Do the LA know you have taken yourself off the tenancy and are separated and he is living in a caravan on the property?
Are you his partner or non dependant on the claim?

woolyG wrote: »

Following on with this issue we have just had a visit from the landlord. He has stated he can carry out the work to add an extra room to the house that my husband can use instead of the caravan in the garden.
He said all we need to do was once the work is carried out was to contact the housing benefit office and ask them to reclassify the house as 4 bedrooms. He said they would then assess the HB at the 4 bedrooms local rent rate and would probably discount it by 14% for under occupancy, he said I could dispute this and try and overturn it. He seems to think we have a decent case to argue.

Does anybody know if this advice is correct? Is there anything we need to be aware of when we apply to have the house reclassified to 4 bedrooms, as the landlord wants him to commit to a £70/week hike in the rent.

Ask the LA about the bedroom adaptations rather than go on the landlord assumption it's ok as it might backfire.
Can you afford the shortfall if HB isn't increased?
What if it's reclassified as a 4 bed house and your husband decides to leave?

It sounds rather messy and complicated as you have said.

woolyG_2

So you want to possibly divorce and move on but you seem commited to adapting the house to include space for him.

I care for him, I just want him to be as comfortable as possible.

He has the lease and is the claimant for HB.
Do the LA know you have taken yourself off the tenancy and are separated and he is living in a caravan on the property?
Are you his partner or non-dependant on the claim?

Yes, they have a copy of the latest tenancy agreement. I am on the form as his partner that was never changed. No, they don't know he is living in the caravan, only his mental health team know that information.

Ask the LA about the bedroom adaptations rather than go on the landlord assumption it's ok as it might backfire.
Can you afford the shortfall if HB isn't increased?
What if it's reclassified as a 4 bed house and your husband decides to leave?

Yes he could afford the short in the worse case scenario but it wouldn't be ideal.
If he decides to leave well I couldn't do anything about that, in the end he is responsible for the lease. Yes I would prefer some sort of advise on the adaptions before it went ahead.

It sounds rather messy and complicated as you have said.

It certainly is very messy indeed.

FBaby

I think you need to trade very very carefully. Assume you are claiming tax credits too? Will you be making a single claim or have you done so already?

The rules applied to decide whether you are single or not from the perspective of claiming single benefits are very tedious and different depending on the benefit.

I do believe that at least from the perspective of claiming tax credits, the fact that you are still married, and continuing to live together 2 years down the line with no move to separation would certainly be motive to investigate and conclude that you are still living as husband and wife. The fact that you are sleeping in separate bedrooms and having separate finances will not be reasons enough to consider that you are not.

If you do claim benefits as a couple but HB as single, that certainly opens up the likelihood of an investigation. You are either a couple or you are not and can't pick and chose to maximise your joint and separate income.

pmlindyloo

woolyG wrote: »

Following on with this issue we have just had a visit from the landlord. He has stated he can carry out the work to add an extra room to the house that my husband can use instead of the caravan in the garden.
He said all we need to do was once the work is carried out was to contact the housing benefit office and ask them to reclassify the house as 4 bedrooms. He said they would then assess the HB at the 4 bedrooms local rent rate and would probably discount it by 14% for under occupancy, he said I could dispute this and try and overturn it. He seems to think we have a decent case to argue.

Does anybody know if this advice is correct? Is there anything we need to be aware of when we apply to have the house reclassified to 4 bedrooms, as the landlord wants him to commit to a £70/week hike in the rent.

Your landlord's advice is wrong. There is no such thing as an under occupancy charge for privately rented accommodation.

You are awarded the local housing allowance suitable for your needs.

So, there is you, your husband, and your two children. What are their ages?

It is possible that you could be awarded an extra bedroom for your husband if he met the criteria.

It has nothing to do with whether it is a 3 bed or 4 bed house. It is based on occupancy and the maximum amount that you are awarded for HB for your local area.

Please answer the questions about the age of your children and we can tell you the number of bedrooms your HB would be based on.