Please help - urgent advice needed

naturalsuperwoman · 17 December 2018 at 4:57AM

I’m not sure whether this is the right place to post this but could use advice for a friend who I have been supporting.

He has physical disability and mental health difficulties. Since January 2018 he had been trying to apply for Housing and Council Tax support due his disability and the fact that he receives benefits as his only income. Due to his mental health difficulties he has difficulty responding to letters and phone calls and often will ignore these things due to anxiety and emotional based behaviours, he has been to A and E several times this year feeling suicidal. He ignored all requests for council tax payment this year and as a result was taken to court for non council tax payment. This has subsequently been resolved and he has been granted the benefit.

However, whilst this was going on he got a couple of Chinese students in to rent his spare room in the 3rd week of October. He hasn’t yet informed the council, however has now had a letter stating a visiting officer will come round (given 1 working days notice) He’s now terrified as he is worried he’ll be prosecuted for not telling them about his tenants yet. He has every intention but struggles with this. He took an overdose a couple of weeks ago because he felt he couldn’t cope and I had to call the paramedics, and he has just begun to have support from the mental health team but this has really shaken him. I will try to re-arenage the appointment to a time when his support worker can attend but I’m not sure what will happen.

I have advised that he calls the council and is honest about when the tenants moved in. They are short term tenants and will only be there for 3 months as they will not be in the country after this.

Has anyone got any advice as to how I can help him? What could the outcomes be for him?

I want him to be pro-active and inform the council but he is terrified it will look suspicious.

Please can anyone advise. Thank you.

poppy12345 · 17 December 2018 at 7:48AM

This could affect any housing benefit he receives and should have been reported. See link.
https://www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/lodging/taking-in-a-lodger-what-you-need-to-think-about-first/

Honeylife · 17 December 2018 at 12:33PM

Your friend needs to put his hands up IMMEDIATELY to having lodgers (try not to use the word tenants for Residental Landlords it's confusing). Considering his mental state then they should be amenable. If the Lodgers are students he MUST produce a copy of their full-time student status ie their registration document showing their fees have been fully paid at whatever Uni they are attending. This means his council tax bill will not change as full-time students do not pay council tax, but his Housing Benefits will be adjusted.

The councils generally do not want to prosecute - its expensive - just to get their money back and that's absolutely right. Councils today are aware of the shortage of accommodation and have assisted some people in letting their spare rooms, so don't panic just be honest asap

naturalsuperwoman · 17 December 2018 at 1:49PM

Thanks Honeylife. That has reassured me and that is what I’ve advised him. They leave the country at the end January so not sure of their status but they gave his student visa documents when they moved in to prove ID so assume this will be enough.

It’s not that he doesn’t want to tell them it’s that his anxiety is so great he can’t respond to letters and phone calls etc. He was left the flat by his Dad and has almost lost it this year due to not responding to any legal correspondence. I’ve been trying for months to get support but no service offers this help for free. They were quite understanding in the end about the stuff earlier in the year. I help him to respond to some of this but live 160 miles away and cannot stay on top of everything. I’m sure if we wanted we could produce medical records to demonstrate he’s had 3 short hospital stays in Novemberand first week of December alone for physical and mental health issues.

Ames · 17 December 2018 at 2:11PM

What do you mean he was left the flat by his dad? Is it owned, or do you mean he took over a council tenancy?

CIS · 17 December 2018 at 2:47PM

I have advised that he calls the council and is honest about when the tenants moved in. They are short term tenants and will only be there for 3 months as they will not be in the country after this.

He needs to contact the council ASAP and advise them - it is unlikely that the council will take any further action other than to adjust the council tax charge (and housing benefit). There will be issues if he doesn't declare it and tries to bury it - for council tax the outcome would be fairly minor but the council tax reduction and housing benefit side is far more likely to proceed to take further action.

Payment of the uni fees is not something the council really need to see - what they need to see is a student certificate confirming that they are on a qualifying full time course of education for council tax purposes. Note that this has to be a course of 26 weeks or more so if they're only here for a few months studying then they wouldn't meet the criteria to be regarded as students for council tax purposes.

Any rent that the lodgers are paying will need to be looked at for income purposes as it may affect the council tax reduction and housing benefit.

Depending on your friend's position then it may be worth looking at whether or not he qualifies as SMI for council tax purposes. I suspect he won't but it's worth looking at to check.

naturalsuperwoman · 17 December 2018 at 3:05PM

Thanks CIS. He isn’t even trying to hide it as he’s had 2 people around from the council about other matters including to see if he qualifies for a home improvement grant and the lodgers were there. He’s just paralysed but he thought of contacting them by telephone or dealing with any forms or paperwork. I have offered to send the email but wondered whether he should contact CAB first. Some days he barely get sick out of bed or eats so everything else is difficult.

parkrunner · 17 December 2018 at 5:14PM

Ames wrote: »

What do you mean he was left the flat by his dad? Is it owned, or do you mean he took over a council tenancy?

OP you need to answer this.

Honeylife · 17 December 2018 at 9:00PM

CIS wrote: »

Payment of the uni fees is not something the council really need to see - what they need to see is a student certificate confirming that they are on a qualifying full time course of education for council tax purposes. Note that this has to be a course of 26 weeks or more so if they're only here for a few months studying then they wouldn't meet the criteria to be regarded as students for council tax purposes.
.

My local council have rejected any student registration doc that says "fees pending" which can happen if the international student is waiting for whatever powers may be to pay up. They tell me to come back with the Registration Doc when it says "Fees Paid". O and I must bring in the original so they can scan it! Drives me crazy but I try to stick to their rules even if they seem to make them up every Monday.

To the OP. Your friend doesnt seem to be coping and that make things awkward. It sounds as though you are practically his advocate and he should perhaps sign a letter confirming that you are able to discuss his personal matters so that you can help him long distance eg using email. Letting the Council know what is going on, is the most important point. If for one minute they think your friend is deliberately deceiving them, they will throw the book at him. Email everything so that there is a record. Verbal conversations should be followed up with an email synopsis.

Btw is he on Universal Credit? There have been some changes there regards housing benefit. but if you actually get Advice from either the CAB or the actual Local Authority Housing Department at the Council this can be resolved.

good luck

Ames · 17 December 2018 at 11:36PM

naturalsuperwoman wrote: »

Thanks CIS. He isn’t even trying to hide it as he’s had 2 people around from the council about other matters including to see if he qualifies for a home improvement grant and the lodgers were there. He’s just paralysed but he thought of contacting them by telephone or dealing with any forms or paperwork. I have offered to send the email but wondered whether he should contact CAB first. Some days he barely get sick out of bed or eats so everything else is difficult.

Why would they be talking about a home improvement grant? I didn't think they were available for renters?

When you're talking about 'the council', which departments are you talking about? Because it seems like they're different ones. They won't all be talking to each other, so someone who came out to talk about a grant wouldn't necessarily know his benefit status so wouldn't 'report' on him for that.

You really need to answer my above question - is he an owner or a renter? If he's an owner why is he claiming housing benefit, is it for service charges? Is he even claiming any housing benefit or is it all just about council tax support?

What other benefits is he on?

These aren't questions just to be nosy, it's because we don't have enough information at the moment to even begin to guess what's going on.

Dullville · 18 December 2018 at 12:48AM

Very strange how your friend can’t cope with dealing with council, Mail or phone calls but can sort himself a couple of lodgers for 3 months, and can manage a council visit for a home improvements grant...:rotfl::rotfl:

Please help - urgent advice needed

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