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Please help I don't know what to do

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 for a few years.
In order to get the property secured with the referencing etc, my father had to act as guarantor otherwise I would have been left homeless.
The letting agent knew I was liable for housing Ben and would be the only person living in the flat with my 2 children.

They drew up a contract with my fsther as tennant and myself as permitted I cupier
I am the permitted occupier.

I am now not sure If this in an error in order to proceed with my benefit claim.

Do I need to ask them.yo redo the contract that I am the tenant and my dad the guarantor.
I live on my own with my 2 children and Had been told I would get 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 as I have no means of paying the rent and need to claim housing but they are saying i csnt get ut as ny dad is named tennant.

How can I resolve this situation as I'm now very stressed and frightened

Any help would be greatly appreciated:A

Comments

  • w06
    w06 Posts: 917 Forumite
    the problem will be that if your Dad is tennant then it's him that's liable to pay the rent and not you, hence you're not entitled to housing benefit
  • poppy12345
    poppy12345 Posts: 18,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You've got lots of replies to your other thread regarding the same question. See here. https://forums.moneysavingexpert.com/discussion/5892633/please-please-help-me


    As your father is named on the tenancy agreement then you won't be able to claim housing benefit. As advised in your other thread, speak to your landlord or the agency who did the tenancy agreement.
  • Jojo,

    You've received a number of responses on your other thread on this same subject and people have taken time and trouble to offer help, advice and guidance. For anyone reading this thread here are the responses to Jojo's questions on the earlier thread to save duplication:

    https://forums.moneysavingexpert.com/discussion/5892633/please-please-help-me

    I appreciate that the responses given there weren't what you were hoping to hear but I'm not sure of the point of starting a new thread when you've been given answers already. You are not the tenant so you have no responsibility for paying the rent and are therefore not eligible for HB. You've also been told this by your local authority as you say: "But the council were really nasty and said as my dad is named as the tenant I can't get it".

    Changing the contract now to show you as the tenant would surely fail as nothing has changed and you wouldn't pass references etc which is why you're in this situation in the first place? You'd also run the risk of still being refused housing benefit as yours may be considered a contrived tenancy.
  • bigbill
    bigbill Posts: 933 Forumite
    Part of the Furniture 500 Posts
    It is possible to get HB paid to you if the person who is supposed to pay it does not and you are at risk of eviction if it is not paid to you, look here at reg 8 (1)c it might help challenge the Council's decision to refuse HB?
  • Jojoford wrote: »
    Do I need to ask them.yo redo the contract that I am the tenant and my dad the guarantor.


    Yes this is the first thing you can try.
  • Ames
    Ames Posts: 18,459 Forumite
    bigbill wrote: »
    It is possible to get HB paid to you if the person who is supposed to pay it does not and you are at risk of eviction if it is not paid to you, look here at reg 8 (1)c it might help challenge the Council's decision to refuse HB?

    The Ops dad paid six months rent upfront so there's no risk of eviction. Unless her dad tries to evict her, but I would expect the council to view it as a contrived situation.
    Unless I say otherwise 'you' means the general you not you specifically.
  • in short, YES, you can claim housing benefit as an occupational charge rather than rent. original tenancy with letter of occupation needed from landlord, there should be no issues with this
    however, if 6 months rent already paid, then, probably on able to claim from month 7
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