Housing benefit on our shared hone

blokes2

Hi all
I have a new situation here that i am really worried about.
My partner and i seperated a few years ago ( amicably) and he stayed in our flat while i returned to my parental home to look after parents.
He paid me 3/4 of the rent and i paid the rest plus council tax. I do this to make sure my ex has a roof.
My ex has now lost his job as of a week ago so he wont be able to pay his share of rent for long. He has no savings just his last pay packet.
The landlord will not change the tennancy into his name as he has been dealing with me only the last 10 years
Can my ex claim any housing benefit even though i am the legal tenant or will i have to move back in at least on paper.
My wages are not high around 700 a month gross

Any help would be appreciated
Thanks

[Deleted User]

On balance I would say that he won't as he is not the tenant.

poppy12345

He's not the tenant and won't be able to claim housing benefit or UC which ever is in is area. He needs to be on the tenancy agreement to be able to claim.


What do you mean "will i have to move back in at least on paper"?

Placitasgirl

Although they are the tenant the OP isn't living at the rented property; they state that they moved back to their parental home to look after their parents, leaving the ex partner in the rented property.

Blokes2; no, you would not have to move back into the rental property "at least on paper". As the tenant you would have to move back in physically in order to claim Housing Benefit. To claim without doing so to benefit your ex partner would be committing benefit fraud.

Ames

I don't know enough to be sure so I'm just throwing this out there - would the OP be able to sub let (with the landlord's position), issue a tenancy agreement to the ex partner and the ex then be able to claim HB? Or would the previous relationship prevent this?

tboo

blokes2 wrote: »

Hi all
I have a new situation here that i am really worried about.
My partner and i seperated a few years ago ( amicably) and he stayed in our flat while i returned to my parental home to look after parents.
He paid me 3/4 of the rent and i paid the rest plus council tax. I do this to make sure my ex has a roof.
My ex has now lost his job as of a week ago so he wont be able to pay his share of rent for long. He has no savings just his last pay packet.
The landlord will not change the tennancy into his name as he has been dealing with me only the last 10 years
Can my ex claim any housing benefit even though i am the legal tenant or will i have to move back in at least on paper.
My wages are not high around 700 a month gross

Any help would be appreciated
Thanks

He will need to make sure the council is aware that you are not in a relationship anymore, that you live elsewhere and the landlord will not issue another tenancy agreement which will remove you

From shelter
If the liable person is not paying the rent the following are treated as liable if they have to make payment in order to continue living there
The liable persons former partner

This rule helps someone who could perhaps arrange to become the tenant (but has not done so) remain in their home
It can be used if the liable person has been absent for too long to get HB or has left permanently and a partner remains


http://www.legislation.gov.uk/uksi/2006/213/regulation/8/made

Quote the above legislation

sheramber

For housing benefit have you checked the LA allowance?


If you’re single and under 35, you can only get Housing Benefit for bed-sit accommodation or a single room in shared accommodation.