Problem with UC and joint tenancy agreement?

Lmh713

Hi clever people in my phone,

I REALLY need some advice.

My partner left me and has moved into a new flat. I have a 3-year old and I’m due baby 2 in a couple of weeks.

I’m having to claim Universal Credit to get by as I can’t survive off maternity pay (This could be indefinitely as I don’t know how I’ll afford £1550 a month in childcare fees upon returning to work). We have lived in the same rented property for five years and I really adore my home!

The problem is that my tenancy agreement is joint with my ex, and because of that, universal credits will only take into account HALF of my rent. I’ve spoken to Bradley’s, my estate agents, and they won’t take him off the agreement or write a letter stating I am responsible for the full amount of the rent without starting a new agreement. Starting a new agreement would mean I have to pay £240 in fees +£90 if I need a guarantor (which I will need AND I don’t have a clue who I could ask). I simply don’t have the money, I’ve been left with nothing!

I worry that I wouldn’t pass their checks anyway for three reasons: 1. a blemish in my credit record since we moved in - a default which is not paid off yet. 2. I remember last time my basic salary at work was a real issue as it’s only £12,000 although my commission is a lot more. Last time I had to provide 6m pay slips but because I have been pregnant and struggling with sickness and exhaustion I’ve not earned anything like my normal for the last 6m! 3. I’m currently only getting maternity pay!

If I can prove I pay all the rent then i’ll get enough in benefits to afford to stay in my home. But if I can’t prove it then I won’t get enough to pay my rent - chicken and egg scenario.

Does anybody have any advice for me please?

calcotti

This is what's known as an 'untidy tenancy'. DWP have discretion over how to treat you in these circumstances. I am sure you have already explained the situation but if you can get something from your ex confirming that he has moved out and now has his own tenancy and is not contributing to your rent that may strengthen your case.

"The Universal Credit Regulations 2013
SCHEDULE 2 Claimant treated as liable or not liable to make payments

PART 1 Treated as liable to make payments

Failure to pay by the person who is liable

2.—(1) A claimant is to be treated as liable to make payments where all of the conditions specified in sub-paragraph (2) are met.

(2) These are the conditions—

(a)the person who is liable to make the payments is not doing so;

(b)the claimant has to make the payments in order to continue occupation of the accommodation;

(c)the claimant’s circumstances are such that it would be unreasonable to expect them to make other arrangements;

(d)it is otherwise reasonable in all the circumstances to treat the claimant as liable to make the payments."

Remember that even if DWP accept you are liable for the full rent the amount of help you will be eligible for will be limited by the Local Housing Allowance for a two bedroom property. You can check your LHA allowance here https://lha-direct.voa.gov.uk