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HELP Need some Benefits & Housing Advice

Hope I can get some help,
I used to live with my family but my mum recently passed away. We live in rented accomodation and she was on HB.
I now have to apply for the tenancy to be transferred to either me or my sister. If I transfer it to me i wont be able to afford the rent or qualify for HB because I work, My sister who cant work due to her learning disability may get HB.
The landlord is suggesting due to her reduced life expectancy it should be transferred to me . If I follow their advice and take over the tenancy could my sister will qualify for HB for the rent, or will she only get part of it,
I tried asking the CAB for advice but they were asking me to get legal advice.
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Comments

  • Ames
    Ames Posts: 18,459 Forumite
    Is it social housing? How old are you both? What benefits does your sister claim?

    Are you in a full service Universal Credit area? If you Google there's a postcode checker (I can't do links on my tablet).if you are then it would be that and not housing benefit.

    I think Shelter would be a good place for advice about the tenancy as they're experts when it comes to housing.
    Unless I say otherwise 'you' means the general you not you specifically.
  • poppy12345
    poppy12345 Posts: 18,514 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    E13JT wrote: »
    Hope I can get some help,
    I used to live with my family but my mum recently passed away. We live in rented accomodation and she was on HB.
    I now have to apply for the tenancy to be transferred to either me or my sister. If I transfer it to me i wont be able to afford the rent or qualify for HB because I work, My sister who cant work due to her learning disability may get HB.
    The landlord is suggesting due to her reduced life expectancy it should be transferred to me . If I follow their advice and take over the tenancy could my sister will qualify for HB for the rent, or will she only get part of it,
    I tried asking the CAB for advice but they were asking me to get legal advice.
    As Ames said, is it social housing or private rent? If it's social housing then a council tenancy can only be inherited once. See this link https://england.shelter.org.uk/housing_advice/council_housing_association/can_you_inherit_a_council_tenancy

    If it's private rent then you'll need to speak to her landlord.

    Check here to see if your area is a full Universal Credit area.

    http://ucpostcode.entitledto.co.uk/ucdate
    I'm sure others will advise you further once these questions are answered.
  • If the tenancy is in your name only you can claim benefits.
    I enjoy flower arranging, kittens, devil worship, the study of serial killers and their methods and road kill jigsaws.
  • Craig1981
    Craig1981 Posts: 769 Forumite
    Third Anniversary
    i assume it is social landlord or council, as if private, make no difference who signs on as new tenant. IT sounds like one of them will succeed the tenancy.

    the information they give you is correct - if your sister has a shorter life expectancy, then it would need to go into your name - worst case scenario: if in your sisters name and she (touch wood) passes away, you will have no right to take over tenancy as you can only succeed a tenancy one

    if you will be enitlted to HB or universal credit, post up income and who the household is made up of, and any other dependants.

    your sister wont be able to claim HB or UC costs if she is not the tenant.

    Finally, if it were to go into your sisters name and you know then that you would be asked to leave if anything happens to your sister, then she would be able to apply for HB, however you would then be a non-dependant, and a deduction will be made for you, based on your income.

    so to give you better option and advice, post up your income, household details, size of house etc

    hope this helps
  • Craig1981
    Craig1981 Posts: 769 Forumite
    Third Anniversary
    E13JT wrote: »
    I tried asking the CAB for advice but they were asking me to get legal advice.

    on this sort of situation, you can also give Shelter a ring who can advise you on Tenancy issues
  • E13JT
    E13JT Posts: 7 Forumite
    Yes it!!!8217;s social housing and we are in late thirties early 40s.
    Our area is a universal credit area however she doesn!!!8217;t receive it yet.
    I!!!8217;m in a dilemma as to what to do with regards to the tenancy and am getting so stressed out over this.
  • poppy12345
    poppy12345 Posts: 18,514 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    E13JT wrote: »
    Yes it!!!8217;s social housing and we are in late thirties early 40s.
    Our area is a universal credit area however she doesn!!!8217;t receive it yet.
    I!!!8217;m in a dilemma as to what to do with regards to the tenancy and am getting so stressed out over this.
    As advised above, give shelter a ring and they'll advise you on the best way forward. See link for how to contact them.
    https://england.shelter.org.uk/get_help
  • Ames
    Ames Posts: 18,459 Forumite
    If your sister applies for HB she'll have to move to UC, which could mean her losing money.
    Unless I say otherwise 'you' means the general you not you specifically.
  • Camster
    Camster Posts: 135 Forumite
    Part of the Furniture 100 Posts
    Have they discussed the possibility of a joint tenancy with your sister?

    If you have a joint tenancy and your sister is eligible for Housing Benefit, she can claim this for her half of the rent, and you would need top pay the other half.
  • Craig1981
    Craig1981 Posts: 769 Forumite
    Third Anniversary
    Camster wrote: »
    Have they discussed the possibility of a joint tenancy with your sister?

    If you have a joint tenancy and your sister is eligible for Housing Benefit, she can claim this for her half of the rent, and you would need top pay the other half.


    you cannot succeed a tenancy as a joint tenant, can only be sole, and cannot be succeeded again, so no, this wont be possible
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