Universal Credit- And renting

saima1

If you are currently paying him rent which is reasonably in line with market rates, then you can claim UC rent help. If he is currently letting you stay there rent free, then you cannot start claiming rent help.

(Im assuming you may not be currently paying as HB wouldnt be payable...this can def cause issues

Hi KatrinaWaves

No i am not paying him rent as can not get housing benefit.

saima1

Do you live in Harrogate? That is the only area of the country where managed migration started (but as far as I know is still  halted). No one else who is already on benefits is being invited to switch to UC yet. 
Who is inviting these ladies to claim UC?

Hi Calcotti

No i dont live in Harrogate i have talked to the ladies again today after picking up the kids they say they have had change of cercumstances.

Thanks

KatrinaWaves

saima1 said:

Hi KatrinaWaves

No i am not paying him rent as can not get housing benefit.

So your agreement is not commercial and therefore you will not get rent help through UC either. 

calcotti

saima1 said: i have talked to the ladies again today after picking up the kids they say they have had change of cercumstances.

So it is the change if circumstances that means they need to switch to UC. Unless you are going to have a relevant change of circumstances there is no reason for you to apply for UC.

poppy12345

saima1 said:

No i am not paying him rent as can not get housing benefit.

So you're living there rent free? This means you'll very likely be unable to claim for any help with the rent.

Alice_Holt

      Like Katrina I think it very unlikely that UC will pay any housing costs in the situation you describe.

      But have a read of this article on challenging DWP decisions on non-commercial and contrived tenancies, to see if there is anything that might support your case:
 https://medium.com/adviser/how-to-challenge-decisions-contrivance-and-non-commercial-agreements-for-housing-benefit-and-d671dde7484e

   

saima1

Please answer the question about whether you currently claim housing benefit (as an aside are you claiming Income Support?)
From what you have said, so far, there appears to be no reason why you should transfer to Universal Credit.
Have you been living in your ex's house for the last 3 years or is this a recent move?  If the answer is that you have lived there for the last 3 years then we need to know whether you claim HB, have applied and been refused or have not applied for some reason.
I mention this because the rules for Universal Credit can be quite different to the benefits you are on.
Is your ex partner the father of your children?  I ask this because having a commercial agreement (ie a tenancy agreement ) is not the only criteria.  You must not be claiming the housing element of UC in order to gain more benefits.
Basically this means that your landlord (your ex) would be expected to serve notice if you broke your tenancy agreement.  Hence the question about the father of your children.  A father is unlikely to make his children potentially homeless.
Plus, the DWP may want to know how long you have been living in your ex's house and who has been paying the rent (if you don't claim HB already)
So it may not be as straightforward as you would hope.

Hi Pmlindyloo

No i dont claim housing benefit.

I have been living in my ex house for the last 3 years did apply for HB but was turned as landlord cant be ex.

Yes me ex is the father of all 3 of my children.

I cant claim housing benefit because DWP will not give it to me as landlord cant be my ex. I have been living rent free and ex has said to be this i can stay in the family home with the special needs child. But he has said that eventually when i have to transfer onto UC he wants me to claim rent payments element so he can have the money. And if i dont then he will sell the home which i dont want him to do as i dont want to be living in a differant home i want to stay in the house i am living in.

Thanks

poppy12345

saima1 said:

But he has said that eventually when i have to transfer onto UC he wants me to claim rent payments element so he can have the money. And if i dont then he will sell the home which i dont want him to do as i dont want to be living in a differant home i want to stay in the house i am living in.

Thanks

It's highly unlikely that you'll be able to claim for help with the rent as has been previously advised. Is the house in your name as well as your ex's?

KatrinaWaves

That would fall completely into a contrived tenancy unfortunately, as your ex is basically saying ‘you don’t have to pay unless someone else (benefits) is paying...’ so it will not work.

but as advised there is currently no need for you to go on UC, from your descriptions 

jimpwarsop

saima1 said:

No i dont claim housing benefit.

I have been living in my ex house for the last 3 years did apply for HB but was turned as landlord cant be ex.

Yes me ex is the father of all 3 of my children.

I cant claim housing benefit because DWP will not give it to me as landlord cant be my ex. I have been living rent free and ex has said to be this i can stay in the family home with the special needs child. But he has said that eventually when i have to transfer onto UC he wants me to claim rent payments element so he can have the money. And if i dont then he will sell the home which i dont want him to do as i dont want to be living in a different home i want to stay in the house i am living in.

Thanks

If your ex wants his rent, or to sell, then you will have to leave.  Of course if you leave and rent elsewhere the taxpayer will contribute towards your rent.

Were you married ? I suggest any equity in the  property would form part of the marital assets.  Have you formally divorced ?