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No help from Universal Credit for 6 months +

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  • Grumpy_chap
    Grumpy_chap Posts: 18,306 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Niv said:
    What's to stop the OP putting the house on the market and simply not accepting any offers? Therefore triggering the UC but not having to kick out their tenant or lose their asset.
    Nothing, but after 6 months that disallow runs out.  They will want to see substantive evidence and, possibly, even a willingness to sell with sitting tenant.  Maybe they will also want to see that notice has been served on the current tenant if planning to sell with vacant possession.  Also, maybe, that the property has been offered to the tenant to purchase.

    The disallow can be extended, but the assessors will be wise to any normal tricks that get a property disallowed but no real intent or willingness to sell.  

    At the end of the day, UC is there to support those with nothing, not those with a large saving pot or income-generating asset.  Why should equity in a BTL be treated any differently to equity in cash or shares portfolio?
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Grumpy_chap said: The disallow can be extended, but the assessors will be wise to any normal tricks that get a property disallowed but no real intent or willingness to sell.  
    Indeed as per the guidance paragraph I previously quoted
     Is it reasonable to disregard for longer
    H2116 The DM may decide to disregard the premises for a longer period where for example the person has done all they can to sell the premises and the asking price is no more than the premises are worth


    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • calcotti said:
    So, further down the line. I contacted Universal Credit to confirm that if I put the house on the market it would be disregarded until it is sold and that was confirmed by the person I spoke to, whose name I took and made a note of the phone call date and time. I was also told to make a new claim, which we did. After the usual Universal Credit mess around application getting delayed by a week as they didn't ring when they said they would for the final part of the process, this week-late phone call was someone telling me the property wouldn't be disregarded and nothing would happen until my tribunal has reached its conclusion. The property is due to go on the market after photos being taken and a floor plan drawn up this Saturday, the tenant has been served his 6 month notice, what a joke this entire system is. 
    The rules are clear. If the property is up for sale it is disregarded.  See Chapter H2: Capital disregards (publishing.service.gov.uk)
    H2115 Where a person is trying to dispose of premises, they can be disregarded from the calculation of that person’s capital where they are taking reasonable steps to dispose of the premises and those steps have been commenced within the last 6 months. (UC Regs, Sch 10, para 6)
     Is it reasonable to disregard for longer
    H2116 The DM may decide to disregard the premises for a longer period where for example the person has done all they can to sell the premises and the asking price is no more than the premises are worth


    Which the OP is only just getting round to - 8 months down the line.
    If this had been said plain and simply at some point then steps would have been taken, but it wasn't. On top on that, if the country has been told the housing market has been closed and nobody is allowed to see anybody then it puts a stop on selling a house. What i need to know is how they actually adjusted law to fit to the situation.
  • soolin
    soolin Posts: 74,166 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    calcotti said:
    So, further down the line. I contacted Universal Credit to confirm that if I put the house on the market it would be disregarded until it is sold and that was confirmed by the person I spoke to, whose name I took and made a note of the phone call date and time. I was also told to make a new claim, which we did. After the usual Universal Credit mess around application getting delayed by a week as they didn't ring when they said they would for the final part of the process, this week-late phone call was someone telling me the property wouldn't be disregarded and nothing would happen until my tribunal has reached its conclusion. The property is due to go on the market after photos being taken and a floor plan drawn up this Saturday, the tenant has been served his 6 month notice, what a joke this entire system is. 
    The rules are clear. If the property is up for sale it is disregarded.  See Chapter H2: Capital disregards (publishing.service.gov.uk)
    H2115 Where a person is trying to dispose of premises, they can be disregarded from the calculation of that person’s capital where they are taking reasonable steps to dispose of the premises and those steps have been commenced within the last 6 months. (UC Regs, Sch 10, para 6)
     Is it reasonable to disregard for longer
    H2116 The DM may decide to disregard the premises for a longer period where for example the person has done all they can to sell the premises and the asking price is no more than the premises are worth


    Which the OP is only just getting round to - 8 months down the line.
    If this had been said plain and simply at some point then steps would have been taken, but it wasn't. On top on that, if the country has been told the housing market has been closed and nobody is allowed to see anybody then it puts a stop on selling a house. What i need to know is how they actually adjusted law to fit to the situation.
    The housing market never was closed though, all the way through buying and selling property has been allowed - with face to face restrictions and other restrictions in place at various points.
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  • Chapter H2: Capital disregards (publishing.service.gov.uk)
    Am i reading something wrong here
    H2001 All capital is to be taken into account unless it is to be treated as income or disregarded.
    I explained that the property did form part of my income.
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