Rent increase

straight

Dear all
I apologise in advance for the length of my Post. I am in a full UC area and my rent is going to be increased by my private landlord, after 6 years. I am entitled to a four bed housing Allowance but don’t receive the full amount as I live in a three bed house and my rent has been below the eligible amount.
The new rent will still be below my entitled allowance. Will the fact my rent has been increased trigger a transfer to Universal Credit?

I am panicking, because if this is the case I will only be eligible for a two bedroom house allowance as two of my sons are University students and under Universal Credit they aren’t allowed a room if they live away for more than six months a year. They only live away due to having a violent autistic 14 year old brother that only copes with then for a short while and they find it difficult studying or relaxing.They come home often to help me out and share the third bedroom.

I am also disabled and moved to this house 8 years ago due to having family support on the same street. The house also has a separate toilet downstairs which is a life saver for my bowel condition when my youngest locks himself in the main bathroom. It also has a small conservatory that acts as the elder boys and mine “safe living space” when my youngest is aggressive.

If I am transferred to Universal Credit my LHA will be reduced by £500 a month for the next three years as opposed to if I was on legacy benefits. I am feeling sick.

[Deleted User]

I don't think that a rent increase will trigger a move to UC, but check back in half an hour in case I'm wrong.

Alice_Holt

No, this will not trigger a move to UC.

Be very firm if your HB dept say otherwise.

Have a look at this thread - https://forums.moneysavingexpert.com/discussion/5923791/universal-credit-housing-benefit-please-help

Not exactly the same - but the principle and advice would be relevant to you.

Craig1981

here are the triggers for auto migration:
https://www.entitledto.co.uk/help/changes_that_trigger_Universal_Credit

if you were to move house and remain in the same local authority area, there i so a rent increase would not affect this either.

straight

Many thanks to all who confirmed that a rent increase shouldn’t trigger a move to Universal Credit.

I rang the council explaining my rent would be increased by £200 a month. She said I’m only allowed a three bed allowance of £810, so would have to make up the shortfall myself
I explained I’d read that students were part of the household and thus were entitled to a bedroom if they came home during holidays
I explained I had a 20 year old and 18 year old that came home very often to help care for me and their younger brother, so I thought we were eligible for a four bed LHA rate of £1200, but my rent would only be £1050 so that is what I would receive.

She said that they could only count the son that stayed in University accommodation as part of the household and not the one that stayed in private accommodation as he has a lease. I explained it is only term time and he actually finishes University in May and will be coming home. I also explained that he actually comes home more than the other one. She said I’m sorry they are the rules.

I’m not sure how they can discriminate between the two types of accommodation.
What worries me even more is next September my middle son will have to live in private accommodation as only first year students can stay in halls. This means my house will be under occupied if the eldest moves to where he gets a job and I will have a rent shortfall of about £450.

I’m not sure how to proceed. The advice shop have suggested I request a I need a bedroom for an overnight carer which the oldest son would use and then the son in student accommodation who is counted as a member of the household uses the sofa. And I should be entitled to a 4 bed allowance. Which would cover my full rent. Is this possible?

Afraid_of_Kittens

Never start by apologising for the length...

Alice_Holt

straight wrote: »

She said that they could only count the son that stayed in University accommodation as part of the household and not the one that stayed in private accommodation as he has a lease. I explained it is only term time and he actually finishes University in May and will be coming home. I also explained that he actually comes home more than the other one. She said I’m sorry they are the rules.
I’m not sure how they can discriminate between the two types of accommodation.

I’m not sure how to proceed.

I'm not sure that is correct.

Give Shelter a ring to get their advice.
https://england.shelter.org.uk/housing_advice/housing_benefit/bedroom_tax_are_you_affected
https://england.shelter.org.uk/get_help

straight

_shel wrote: »

Do you need or use an overnight carer? Because saying you do when you don't just to claim extra benefits would be fraud!

Moving house would be the obvious solution. With the kids in uni and ultimately leaving home to work etc you'll need to at some point.

The elder boys do overnight care for me and their younger brother regularly.

For the next three years I should be able to stay in the house as theoretically students should be allowed a room at home. Moving now would have a detrimental effect on the youngest as he has just settled in a new school. There are also other reasons why this house suits us better.
when the elder boys are earning they have no qualms paying towards household costs. They are keen to stay at home to save for their own places. Currently they are working and paying for accommodation even though they only live 4 miles away. It feels like we are being penalised for my youngest sons disability in that they have to pay £5000 each fir their accommodation and my LHA is reduced by ££200 for each son not living at home.

Alice Holt I have explained about students being able to have a room. They keep saying only students that stay in University Halls. The Advice Shop will hopefully be able to look into it

Alice_Holt

straight wrote: »

I have explained about students being able to have a room. They keep saying only students that stay in University Halls. The Advice Shop will hopefully be able to look into it

I can't be definite (and it might have changed) but my sense is that they are incorrect.
I thought it made no difference about the type of lease.
Rather, I seem to recall that providing the student is not in receipt of HB for their student accommodation, then they can be counted as temporarily absent only and their room at the parental home is not ignored for LHA. The key is whether they are in receipt of HB not whether they are in halls or not.

I would:
a) ask the LA for a copy of the HB legislation that says it only applies to Uni halls;
b) appeal their decision by letter;
c) do check with Shelter as well as your local Advice shop.

A bit of googling has come up with this:
https://www.rightsnet.org.uk/forums/viewthread/4443

and

http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=2953
"Regulation 7(16) and (17) provides that a person who is temporarily absent from the dwelling he normally occupies as his home is to be treated as occupying that dwelling for any period of absence not exceeding 52 weeks if certain conditions are satisfied and regulation 7(13) deems a person to occupy the home during a temporary absence, where the absence is unlikely to exceed 13 weeks and there is an intention to return to the dwelling as the home."

"It followed that, since his intention was to return in 12 weeks to occupy the claimant’s property as his home, her son was only temporarily absent from what he had been occupying as his home and was therefore to be treated as continuing to occupy it, "

So, I am reasonably convinced that what you have been told is incorrect - Do appeal it.
https://england.shelter.org.uk/housing_advice/housing_benefit/housing_benefit_revisions_and_appeals

straight

Hi Alice
I keep losing my Post. So will try again.

You kindly replied to my rent increase Post a few days ago and I did what you suggested.
I contacted the Advice shop re the bedroom allocation but they keep pushing me to apply for DHP “ because it’s easier”
I contacted the LA asking for legislation that confirms students are allocated a bedroom depending on the type of accommodation they are staying in, they said speak to the Advice shop. I am just going round in circles. I feel nobody wants to help me. I can’t challenge this on my own due to my health and caring responsibilities. I just need a definitive answer.

I suppose Its the principle of the matter. In years gone by I can see the difference in private and university accommodation, as students had to empty their rooms in halls at the end of each term and then return after the holidays, so they were more in need of a bedroom at home. But now halls are only cleared at the end of the academic year. Just like my eldest sons current tenancy agreement. The private accommodation my son is living in is a rolling tenancy and not a full year one. He will be leaving his accommodation in May, exactly the same time as my son in University halls.
I just can't understand why the council would deem one needing a room and not the other, when their living circumstances are exactly the same.
Next year as mentioned previously my middle son won't be allocated a room at home even though his tenancy will run from September to May, the same length as University accommodation ones.

calcotti

I would suggest that you do apply for a DHP even while you continue to argue the point. You have good reason fot looking for a smaller property if your son will be returning home in May.

Whether or not you will be successful will depend on your local authority and any DHP award will be time limited but it may give you a breathing space.