UC and Council tax Reduction

LocoLoco

Do you think the easiest thing would be if I ask them (the letting agent) to take his name off the tenancy?  As it seems to be that that's causing the problems? 

marcia_

LocoLoco said:

marcia_ said:

 Is your son able to sign a tenancy agreement? 

Understands it, the responsibility and consequences? 

Hi Marcia, no, absolutely not but the letting agent insisted.  It's ridiculous because if there's any kind of problem it wouldn't stand up in court anyway, he doesn't have capacity but they wouldn't let us move in without doing it and we didn't have anywhere else to go.  It's caused a lot of problems with his UC claim because he didn't have any other documentation to prove he lives here, like a utility bill or bank statement.

 Then the tenancy is not valid if he doesn't have capacity to understand it. 

I would speak to CAB about this too. Your landlord is an idiot if they think they could hold your son liable for rent or damage in court. They would be laughed out of there. 

poppy12345

I'm certain that because he's now an adult in his own right that the letting agency had no option but to add him onto the tenancy agreement. When i moved into the house i live now my daughter was 18 but still in full time education. The agency were going to add her to the tenancy agreement until i told them she was still a student, this meant she couldn't be added. So for me, it's just in my name.

Has he been assessed as lacking capacity? Are you his carer and are you the only 2 adults living in the property? If so then you can claim the carers discount. https://www.carersuk.org/help-and-advice/financial-support/help-with-household-finances/council-tax-rate-relief This will mean you'll receive the single person discount.

LocoLoco

poppy12345 said:

I'm certain that because he's now an adult in his own right that the letting agency had no option but to add him onto the tenancy agreement. When i moved into the house i live now my daughter was 18 but still in full time education. The agency were going to add her to the tenancy agreement until i told them she was still a student, this meant she couldn't be added. So for me, it's just in my name.

Has he been assessed as lacking capacity? Are you his carer and are you the only 2 adults living in the property? If so then you can claim the carers discount. https://www.carersuk.org/help-and-advice/financial-support/help-with-household-finances/council-tax-rate-relief This will mean you'll receive the single person discount.

Thanks Poppy, he's just had the DWP appointee assessment as the only formal thing - I've applied for the carer discount, just waiting on the paperwork to go through.

I asked quite a while ago on the landlord section of the forum if he'd have to go on a tenancy agreement when he turned 18 and the landlords said it's not a legal requirement - but it seems that insisting anyone over the age of 18 is on it is very usual.  I'll have to see if I can find out more.

LocoLoco

marcia_ said:

LocoLoco said:

marcia_ said:

 Is your son able to sign a tenancy agreement? 

Understands it, the responsibility and consequences? 

Hi Marcia, no, absolutely not but the letting agent insisted.  It's ridiculous because if there's any kind of problem it wouldn't stand up in court anyway, he doesn't have capacity but they wouldn't let us move in without doing it and we didn't have anywhere else to go.  It's caused a lot of problems with his UC claim because he didn't have any other documentation to prove he lives here, like a utility bill or bank statement.

 Then the tenancy is not valid if he doesn't have capacity to understand it. 

I would speak to CAB about this too. Your landlord is an idiot if they think they could hold your son liable for rent or damage in court. They would be laughed out of there.

Yes this would be my view and I'd rather not have had him sign it in case it caused other problems but we were so desperate to move and it's so hard to find a place that will accept benefits that I wasn't in a position to argue.  I'll see if I can get an appointment with the CAB, thank you.

poppy12345

LocoLoco said:

poppy12345 said:

I'm certain that because he's now an adult in his own right that the letting agency had no option but to add him onto the tenancy agreement. When i moved into the house i live now my daughter was 18 but still in full time education. The agency were going to add her to the tenancy agreement until i told them she was still a student, this meant she couldn't be added. So for me, it's just in my name.

Has he been assessed as lacking capacity? Are you his carer and are you the only 2 adults living in the property? If so then you can claim the carers discount. https://www.carersuk.org/help-and-advice/financial-support/help-with-household-finances/council-tax-rate-relief This will mean you'll receive the single person discount.

Thanks Poppy, he's just had the DWP appointee assessment as the only formal thing - I've applied for the carer discount, just waiting on the paperwork to go through.

Being an appointee for him will be for benefits purpose only. You can't say someone doesn't have capacity unless they've been assessed as not having it. I'm my daughters appointee too and she has a learning disability but has never been assessed as lacking capacity.

I don't think it's a bad thing him being named on the tenancy agreement because he can just claim for his share of the rent as part of his UC entitlement.

Can't answer the question regarding CTR though because they all have their own rules.

LADYXXMACBETH

I still have my ex husband on my tenency as he wouldn't sign the papers to say he'd moved out. My housing association wrote to the government and told them that despite him being on the tenancy I was responsible for the full rent. 
He did eventually sign the papers, but it still shows as two people on my UC file. 
Maybe get your LL to tell the UC people you are responsible for the full payment. Good luck 🍀