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Have to leave flat and on housing benefit

edited 30 November -1 at 1:00AM in Benefits & Tax Credits
21 replies 1.9K views
evergreenevergreen Forumite
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edited 30 November -1 at 1:00AM in Benefits & Tax Credits
A pensioner friend of mine in 66 and her landlord has given her notice as he needs to move into the flat. She is on full housing benefit as she only has her state pension. However she can't find anywhere to rent for what the council says they will pay. She can't get a council place as she is not disabled. What can she do, what is the maximum council will pay as they are saying £350 which seems very low for trying to rent a one bedroom flat in the south. Would appreciate any advice. Thanks
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  • Comms69Comms69 Forumite
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    She doesn't have to leave. So let's just get that straight.


    If she wants council help she needs to stay put and be legally evicted.
  • PasturesNewPasturesNew Forumite
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    £350 seems an unlikely figure, based on her age.

    At 35+ the rate increases from shared house rate to 1-bed rate - £350 sounds more like shared house rate.

    Check her figures.

    If Old Age Pension is all she gets, she'd be entitled to a top up called something like Minimum Income Guarantee, for pensioners who are solely reliant on the state pension. Check her figures.
  • sherambersheramber Forumite
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    You can check the local allowance here

    https://lha-direct.voa.gov.uk/search.aspx
  • edited 15 May 2019 at 12:41PM
    calcotticalcotti Forumite
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    edited 15 May 2019 at 12:41PM
    If Old Age Pension is all she gets, she'd be entitled to a top up called something like Minimum Income Guarantee, for pensioners who are solely reliant on the state pension.

    She may be entitled to Pension Credit if her pension income is less than £167.25/week. See https://www.gov.uk/pension-credit

    As indicated by sheramber she can check the Local Housing Allowance for her postcode on the link sheramber provided. The applicable rate will be the one bedroom rate.

    If she is at risk of being homeless the local authority will have to assist her - but of course this may mean temporary accommodation rather than a permanent home.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • MEM62MEM62 Forumite
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    Comms69 wrote: »
    If she wants council help she needs to stay put and be legally evicted.

    Yep, that's the way the system works. It's also why many landlords don't want to accept tenants on HB. My friend's FG just went through a similar process - very stressful for her and expensive for her landlord.
  • Comms69Comms69 Forumite
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    MEM62 wrote: »
    Yep, that's the way the system works. It's also why many landlords don't want to accept tenants on HB. My friend's FG just went through a similar process - very stressful for her and expensive for her landlord.



    To be honest it's part of running a business and a LL should be prepared for this.


    The fact is that until legally evicted the tenant isn't homeless. So the council doesn't need to help. Whilst we can argue they should (I agree) there are plenty of people homeless today that need help now
  • MEM62MEM62 Forumite
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    Comms69 wrote: »
    To be honest it's part of running a business and a LL should be prepared for this.

    Really? In what other business are you required to go to the inconvenience and cost of litigation and sending in bailiffs to end a contract? It's not part of business at all. It is policy adopted by desperate councils who's resources and housing stock have been depleted over decades and are a breaking point.
  • Comms69Comms69 Forumite
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    MEM62 wrote: »
    Really? In what other business are you required to go to the inconvenience and cost of litigation and sending in bailiffs to end a contract? It's not part of business at all. It is policy adopted by desperate councils who's resources and housing stock have been depleted over decades and are a breaking point.



    No no. pause.


    99.9% of businesses are covered by legislation.


    Want to drive a taxi - get the correct licence.


    Want to serve food - get food standards and hygiene certificates.


    Want to be a gas engineer - get registered.


    You aren't forced to be a landlord and if you choose to be one, you abide by the law. The law states that a tenancy can only be ended by a tenant or by a court. So yes it's absolutely part of the business.


    Any tenant, whether awaiting council help or not, is perfectly entitled to stay until lawfully evicted.
  • MovingForwardsMovingForwards Forumite
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    Due to your friends age they can apply to the council and housing associations for a property designed for over the 55's.

    Best off getting the ball rolling sooner than later!
  • xylophonexylophone Forumite
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    She can't get a council place as she is not disabled.

    Has she asked the council/local housing association/local almshouse type properties whether she would qualify for any housing scheme for the retired?

    Has she looked into whether she qualifies for pension credit? A leaflet was dropped in with the post in my area today asking whether occupants qualify so I am assuming that the DWP is "on a mission" looking for candidates...

    https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs48_pension_credit_fcs.pdf
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