Universal Credit Tenancy Agreement Occupancy Issue

Dave1UK

Hi,

Long story short, my father is out of work and has been for several years (on ESA), my mother has been his career until recently. My brother who works, lives with them. Until recently whereby they received a universal credit migration letter housing benefit has been paying for my parents share of the rent to our council/housing association, whereby my brother would top up the shortfall with whatever housing benefit deemed reasonable based on his wages amount.

There has been a lot of back and forth between universal credit, housing benefit and the council, with me chasing everyone for clarification and agreement.

The tenancy agreement they have is a secured tenancy. My father is the tenant, my mother is listed as a joint tenant and my brother is listed as 'other'. The way I understand it and the way the agreement outlays it, is that there are 2 tenants, basically my brother isn't classified as a tenant (no clue why).

Anyhow I have input this to universal credit, i.e. 2 tenants and then there was an options to put others that live with you. However there was and is no option as to put my brother as also paying a share of the rent. Based on last month, universal credit had paid my parents the FULL rent, which obviously isn't correct and I don't want it to get to a stage few years down the line where there is a backlog amount to be repaid or whatnot.

I have tried to change the housing details to put 3 tenants, this would allow the rent to be split equally between all but the council/housing association that we rent from are not accepting that on their end (through the system) and are coming back to universal credit stating that there are only 2 on the tenancy so the system doesn't allow that change. Absolute shambles.

Honestly all parties involved are being useless and of no help, has anyone experienced or dealt with a similar case?

Thanks.

sammyjammy

How old is your brother and what are his circumstances?  The rules under Universal credit with adult non dependants are different than that of Housing Benefit.

huckster

Other means that your brother is not a tenant and is just an other adult living at the address?

I have come across other adults being named in this way, so there is possibility of them taking over tenancy or living at address after parents have died.

Dave1UK

sammyjammy said:

How old is your brother and what are his circumstances?  The rules under Universal credit with adult non dependants are different than that of Housing Benefit.

He's 23, working full time. Has been paying his share of the rent and also council tax at the property whilst my parents were on housing benefit. Forgot to add, it's a 2-bed flat, he has his own room.

Yeah wasn't aware, I was also confused as to who sets what amount is paid by who etc. As housing benefit would determine that based on their own wage/income bands on how much rental shortfall to be covered is.

huckster said:

Other means that your brother is not a tenant and is just an other adult living at the address?

I have come across other adults being named in this way, so there is possibility of them taking over tenancy or living at address after parents have died.

Yeah it seems so.

Robbie64

Housing Benefit were treating your brother as a non-dependet who is living in someone else's household. The HB your parents received was reduced by a fixed amount based on how much your brother was earning. Rhe same should have been applicable to any council tax reduction / support that is payable. It will be the maximum CTR/S payable for your mother and father less a fixed amount based on your brother's wages.

Based on the above, your brother isn't a tenant and shouldn't be entered as being one. He should instead be recorded on your parent's UC claim as living in their house.

Newcad

You brother is not a tenant, he is not liable to pay any rent, he does not qualify for HB or UC Housing Element.

The HB paid was entirely your parents entitlement, but-

It appears that the council was treating your brother as a non-dependant adult living at the property and so expected to contribute to household costs; including the rent.

Accordingly the council had been making a 'non-dependant deduction' from your parents HB amount,
That deduction meant that a top-up was needed to pay the full rent, and so your brother made up the difference - that is exactly how it is supposed to work.

Now however Universal Credit are no longer treating you brother as being a non-dependant adult living at the property and so Universal Credit are not making a 'non-dependant deduction from your parents UC', which means that your parents are getting the full rent as UC-Housing Element and no top-up is needed.

The question is are UC correct to do that in the circumstances?

They may be correct, they may not be - it does depend on other circumstances.
In particular does your father get PIP or DLA? If so then a  non-dependant deduction does not apply in their UC.
https://england.shelter.org.uk/housing_advice/benefits/universal_credit_housing_cost_contributions

You also say that :"my mother has been his career until recently."  has your Brother taken over caring duties, is he  claiming Carers Allowance? If he is claiming CA the non-dependant deduction ceases to apply to him.