housing benefit tribunal
bewilderedhelpneeded
Posts: 200 Forumite
Bit of background. I purchased a second property in 2010 and refurbished it with aim of selling it for higher price. I did all the work with help of tradesmen. My boyfriend fitted kitchen and bathroom for me. I told him I would pay him for the work out of proceeds of house sale. When house was finished I got valuation. Estate agent told me it might take long time to sell. I decided to rent it out commercially to cover mortgage payments.
About the time all this was happening my boyfriend was given notice on the house he rented so I asked him if he wanted to rent from me at the rate estate agent had quoted. He agreed and contracts were draw up and he moved in.
My boyfriend started paying the monthly rent. However he is self employed and work started to dry up. He put in application for working tax credits and council tax benefit which he got. As part of this application he was advised that he was also entitled to housing benefit. He applied and got turned down as council said it was contrived tenancy. He appealed and again it was turned down so he took it all the way to tribunal in front of judge.
Unfortunately when he got before the judge with lady from council the judge realised that he was family friend of my boyfriends mother and understandably said he couldn't hear the case so it is now postponed to be heard in front of another judge.
Before my boyfriend and council lady left court room judge told my boyfriend to get legal advice from cab. He also pointed out to council lady that tenancy agreement she had provided to court had only been signed by landlord and not my boyfriend as well and judge said to council lady "I'm sure you know what this means and the implications this has on the case" he then gave this a legal name (my boyfriend cannot remember what)
Does anyone know what this legal name is and it's implications on the case? My boyfriend was totally upfront when putting his application for housing benefit in by saying that his landlady was also his girlfriend. I did everything by the book got commercial agreement drawn up. If I hadn't rented house to him I would have rented to someone else on same monthly rent.
About the time all this was happening my boyfriend was given notice on the house he rented so I asked him if he wanted to rent from me at the rate estate agent had quoted. He agreed and contracts were draw up and he moved in.
My boyfriend started paying the monthly rent. However he is self employed and work started to dry up. He put in application for working tax credits and council tax benefit which he got. As part of this application he was advised that he was also entitled to housing benefit. He applied and got turned down as council said it was contrived tenancy. He appealed and again it was turned down so he took it all the way to tribunal in front of judge.
Unfortunately when he got before the judge with lady from council the judge realised that he was family friend of my boyfriends mother and understandably said he couldn't hear the case so it is now postponed to be heard in front of another judge.
Before my boyfriend and council lady left court room judge told my boyfriend to get legal advice from cab. He also pointed out to council lady that tenancy agreement she had provided to court had only been signed by landlord and not my boyfriend as well and judge said to council lady "I'm sure you know what this means and the implications this has on the case" he then gave this a legal name (my boyfriend cannot remember what)
Does anyone know what this legal name is and it's implications on the case? My boyfriend was totally upfront when putting his application for housing benefit in by saying that his landlady was also his girlfriend. I did everything by the book got commercial agreement drawn up. If I hadn't rented house to him I would have rented to someone else on same monthly rent.
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bewilderedhelpneeded wrote: »Bit of background. I purchased a second property in 2010 and refurbished it with aim of selling it for higher price. I did all the work with help of tradesmen. My boyfriend fitted kitchen and bathroom for me. I told him I would pay him for the work out of proceeds of house sale. When house was finished I got valuation. Estate agent told me it might take long time to sell. I decided to rent it out commercially to cover mortgage payments.
About the time all this was happening my boyfriend was given notice on the house he rented so I asked him if he wanted to rent from me at the rate estate agent had quoted. He agreed and contracts were draw up and he moved in.
My boyfriend started paying the monthly rent. However he is self employed and work started to dry up. He put in application for working tax credits and council tax benefit which he got. As part of this application he was advised that he was also entitled to housing benefit. He applied and got turned down as council said it was contrived tenancy. He appealed and again it was turned down so he took it all the way to tribunal in front of judge.
Unfortunately when he got before the judge with lady from council the judge realised that he was family friend of my boyfriends mother and understandably said he couldn't hear the case so it is now postponed to be heard in front of another judge.
Before my boyfriend and council lady left court room judge told my boyfriend to get legal advice from cab. He also pointed out to council lady that tenancy agreement she had provided to court had only been signed by landlord and not my boyfriend as well and judge said to council lady "I'm sure you know what this means and the implications this has on the case" he then gave this a legal name (my boyfriend cannot remember what)
Does anyone know what this legal name is and it's implications on the case? My boyfriend was totally upfront when putting his application for housing benefit in by saying that his landlady was also his girlfriend. I did everything by the book got commercial agreement drawn up. If I hadn't rented house to him I would have rented to someone else on same monthly rent.
As a CAB representative, it wouldn't be professional of me to guess what the judge might have said. However, clearly a contract needs to be affirmed by both parties to be valid. Where there is no explicit tenancy agreement then the law assumes a set of defaults.
I can only agree with the judge in that your boyfriend shoud get legal advice before the case returns to court. THe local CAB will give such advice and it's free. He could also approach a solicitor who would probably charge.“Official CAB Representative
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