Council tennancy - universal credit advice needed

MetalHead

My ex and children currently live in the council house that’s in my name and my exs. I was adviced by a council help line that I should remain on the tenancy and apply for a flat in my own name. I’ve done this and started bidding in band 1 as I’m giving up my tennancy for my ex and children to remain. 

My ex has moved over to universal credit recently but they are only willing to pay half the rent as my name is still on the tenancy. I thought this was strange as the legacy benefits paid her full rent. I called the council to make a payment for my half of the rent as I thought this was the fairest option. But the council told me even though my name is on the tenancy universal credit should pay the full rent because I’m not living there.

Today my ex called the council to make a payment on the rent and advise them she’s struggling with getting universal credit to pay the full rent. This time the council told her we were advised wrong and universal credit should only pay half the rent because it’s still a joint tenancy. We were also told I’m committing fraud because I’m on the tenancy and not staying there. 

I’m now a little confused as I was under the impression that I didnt need to stay at the property to get my own place. I’m currently sofa surfing between houses while bidding in a property. 

Apologies if this doesn’t make any sense, feel quite flustered.
Thanks

HillStreetBlues

How UC us set up  it does divide the rent equally  so your ex gets half the rent.
What happens in the case of someone moving out as you have done it's known as a ‘untidy tenancies’
So your ex needs to notify DWP  and explain the situation and ask for the full rent to be paid as it;s an untidy tenancy.
https://universalcreditadvice.com/bulletins/dwps-untidy-tenancies-and-impact-on-housing-costs-element/

tacpot12

It should work like the legacy benefit. The council were right the first time, and wrong the second time.

These two links confirm that the DWP shoul treat her has being liable to pay the full rent, but she has to ask them to treat her in this way. She can do so via her journal.

Help with housing costs under universal credit when a couple splits up or a joint tenant leaves the home | NHAS

How your housing element is worked out - Shelter England

If they disagree and decide to keep things as they are, she can and should ask for a Mandatory Reconsideration. The DWP should stop your help with the rent as effectively you are no longer liable for the rent if she is receiving this help - note that this notion of liability is the DWP's view of liability, not the legal liability. You remain laible to pay the council rent until your name is not longer on the tenancy.

MetalHead

Thank you for the advice. Regarding fraud that the council employee mentioned. Am I committing fraud by applying for a place of my own? While sofa surfing? I did have to put down my address that I’m a tenant of when I applied. I was advised to do this my the homeless department for my council because they couldn’t help me as “technically” I’m not homeless as I have my name on a tenancy.
thanks again!

HillStreetBlues

MetalHead said:

Thank you for the advice. Regarding fraud that the council employee mentioned. Am I committing fraud by applying for a place of my own? While sofa surfing? I did have to put down my address that I’m a tenant of when I applied. I was advised to do this my the homeless department for my council because they couldn’t help me as “technically” I’m not homeless as I have my name on a tenancy.
thanks again!

There is no fraud by you moving out.
There would be fraud if your ex claimed full rent and/or single person council tax discount and you still was deemed as living there.

If it ever came to it can you show you no longer live there? EG where your post goes, where your registered to vote where your belongings are etc.