Please please help me

Jojoford

:A
I really need some advice and help. I'm on esa for acute anxiety and stress so I'm unable to work. I recently had to move into a new flat.
I have formerly been in receipt of housing benefit.
My father had to go on my new tenancy as I couldn't afford in any way the moving and up front rental costs.
I am the permitted occupier and the agreement was i would pay housing benefit to him.
I live on my own with my 2 children and stable for housing and council tax.
The council sent me a letter yesterday to say I won't now get either as my father is named tenant on the contract even though I am permitted occupier.

Please help. I'm not sure what to do or how to speak to the council about this and I need to sort it out asap.
Thank you 🥀🌹

poppy10_2

Is your father actually living with you or just on the tenancy?

calcotti

In order to get housing benefit you have to be liable to pay rent.

If the tenancy is only in your father’s name you are not responsible for paying the rent so will not get housing benefit.

If the tenancy is in joint names you could get Housing Benefit for half the rent.

A way round it would be to have the tenancy in your name with a separate guarantor agreement provided by your father - I think that would meet the rules.

Another way round may be for you to enter a formal tenancy agreement to sublet the property from your father but you local authority may not accept that this is a commercial arrangement in which case they will still refuse housing benefit.

calcotti

Sunny_Intervals wrote: »

That would be the ideal way of doing it, but the problem with having the tenancy in Jojo's name is that her Dad may have just signed a 6/12 month contract, so he'd need the landlord's permission to transfer to her. Depending on how this was done, the landlord might not agree to amend it (e.g. if her father presented himself as the potential tenant to get around the affordability checks).

I realize it may not be possible but was trying to set out what could work in benefits terms. Will very much depend on whether existing arrangement is with full knowledge of landlord and he is amenable. I did infer that as the OP says she is the permitted occupier this would be with the consent of the landlord and that therefore they are aware of the situation.

Jojoford

No not at all. It just me and my 2 children a d I'm entitled to was and prevuously housing.
The agents stipulated my father be on the contract as 'acting ' tenant and I be named as permitted occupier. That was how they drew it up.
Really my fsther is a guarantor ut i live there he doesnt this was so I could get the paperwork through with the agent.
I'm really stressed and don't know what to do

Jojoford

Thank you for all your help.
My father was guarantor.
The agency drew up the contract thus way.
They new the house would be lived in my me and my children as did the landlord.
I'm worried about asking them to change the contract as I'm worried about mentioning housing benefit but I think we explained this to them which is why my father paid up front to guarantor the flat

The idea being I pay him back monthly with my housing Ben.
I haven't done anything wrong and qualify and have qualified for housing Ben.

But the council were really nasty and said as my dad is named as the tenant I can't get it.
I can appeal though but want to know how to do this and my rights xx

poppy12345

Jojoford wrote: »

I can appeal though but want to know how to do this and my rights xx

You having nothing to appeal here. You're not named on the tenancy agreement and therefore you can't be paid the housing benefit.

calcotti

The local authority have to follow the rules. They cannot award you Housing Benefit if you are simply a permitted occupier. It sounds to me as if the agency have been either devious or negligent in drawing up the tenancy in this way (depending on how much they understood your circumstances). They may have thought they were being clever or helpful but without understanding the housing benefit rules themselves.

Ames

If your dad's paid six months rent up front then I don't see any way you can get that amount back from housing benefit. You don't have any liability for rent. You could try getting a contract to say you're subletting from your dad, but the council could see it as a contrived tenancy that's just to get benefit, rather than being a real one where he'll throw you out if you can't pay the rent.

Your best bet would be to write off the money your dad's paid and look to finding somewhere to live with a proper tenancy in your name, either when the lease is up in six months or straightaway.

One thing to be aware of is when Universal Credit comes to your area - you need to get sorted and on housing benefit before then if at all possible, or you'll have to switch to that.

Afraid_of_Kittens

Jojoford wrote: »

But the council were really nasty and said as my dad is named as the tenant I can't get it.
I can appeal though but want to know how to do this and my rights xx

You have no legal liability to pay rent therefore you have no entitlement to Housing Benefit in any shape or form.

You have nothing to appeal against as the local council have made no errors in law. They have applied the Housing Benefit regulations correctly.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236950/hbgm-a3-liability-to-make-payments.pdf

Liability to pay for accommodation
3.50 The Local Authority (LA) can only pay HB when the agreement under which a claimant
occupies their home confers a genuine legally enforceable liability to make payments for
their accommodation. There is no need for a formal written agreement to make payments.
An informal arrangement or agreement may be enough to create a legal contract between a
landlord and tenant provided the accommodation is occupied by virtue of the agreement.

You are a mere permitted occupier you are not the legal tenant.

Your Father is liable for the rent you are not.

There is nothing anyone can do for you to get Housing Benefit in the current situation.

If your Father now tries to charge you rent to claim Housing Benefit this too will be rejected as a non commercial contrived tenancy created to take advantage of the Housing Benefit system.

calcotti

Afraid_of_Kittens wrote: »

If your Father now tries to charge you rent to claim Housing Benefit this too will be rejected as a non commercial contrived tenancy created to take advantage of the Housing Benefit system.

It may be rejected but there is a possibility it would be accepted. Nonetheless the clearer solution would be a tenancy in the name of the occupier with father as guarantor.