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UC housing element rent in advance

Hi all

A friend who is on UC has asked me to lend them 6k to pay 6 months rent up front in a new Tennancy

She has been told to move by old landlord, and no agency nearby is accepting benefits, however one has stated they can of she pays 6 month up front.

Google, AI all say this is fine and she will still be able to claim the housing element of UC , however in her monthly interview her work coach said no, she won't get it.

Is it possible the work coach is mistaken?

Comments

  • Grumpy_chap
    Grumpy_chap Posts: 20,579 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker

    Has the court told her to move from current premises?

    If it is only the LL who suggested she moves, she can stay put.

  • Mozza001
    Mozza001 Posts: 63 Forumite
    Second Anniversary 10 Posts Name Dropper

    Just the landlord.

    But she will need to move eventually.

  • elsien
    elsien Posts: 37,518 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    if you give the money to her and it counts for savings and takes her over the limit it could affect universal credit.

    I wonder if paying it to the landlord directly would make any difference?

    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • silvercar
    silvercar Posts: 50,731 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper

    Rent in advance will be illegal from 1 May 2026.

    What happens going forward? Pays rent, so there is always 6 months in the landlord's hand or review after 6 months? I'd tread carefully.

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  • Mozza001
    Mozza001 Posts: 63 Forumite
    Second Anniversary 10 Posts Name Dropper

    Te Work coach said " You will not be eligible for housing element of Universal Credit as your tenancy agreement will state you have paid 6 months up front."

    Which is contradicting everything on the net, even shelter website says it's OK to do this.

    Shelter website

    Getting rent in advance back through benefits

    If you get universal credit or housing benefit to help with rent, your benefit is worked out in the same way even if you've paid rent in advance.

    So you should get some or all of the money you pay up front back through your monthly universal credit payments.

    But shelter don't pay the benefit.

  • HillStreetBlues
    HillStreetBlues Posts: 6,600 Forumite
    1,000 Posts Fourth Anniversary Homepage Hero Photogenic
    edited 15 April at 12:28PM

    To address your question, the WC is talking total and utter cr4p.

    When I moved into my current property I paid 6 months up front while on UC and no issues.

    Let's Be Careful Out There
  • Yamor
    Yamor Posts: 781 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker

    The potential issue is that once the rent has been paid you are no longer "liable" to pay rent. This was considered a serious enough issue that for legacy housing benefit purposes, special provision was included in the regulations to confirm that you are still considered "liable" despite having paid up front. (See the Housing Benefit Regulations 2006, reg. 8(2).)

    However, for UC, as part of the simplification of the regulations, that provision was removed, as it was considered unnecessary, and therefore otiose.

    So, yes, there is nothing to worry about.

  • Mozza001
    Mozza001 Posts: 63 Forumite
    Second Anniversary 10 Posts Name Dropper

    Sorry, you've lost me.

    AAre you saying she SHOULD still get the housing element or not?

  • Mozza001
    Mozza001 Posts: 63 Forumite
    Second Anniversary 10 Posts Name Dropper

    She asked work coach if rules had changed and they checked for her.

    .they have confirmed, yes, if she is liable fir the rent she can still claim the housing element.

    Many thanks for the replies.

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