Can claim Housing Benefit joint tenancy?

Published by Charlie Davidson on

Can claim Housing Benefit joint tenancy?

If you have a tenancy agreement where you and one or more other people are jointly liable for paying the rent then, in benefit terms, you are a joint tenant in shared accommodation. To work out how much you can claim in Housing Benefit you should enter the rent that you are meant to pay, not the whole rent.

Do you need a tenancy agreement to claim Housing Benefit?

The housing benefit application form asks for “proof of private rent or tenancy”. However, there is no legal requirement for a landlord to provide a written tenancy agreement (although it’s best to get one if you possibly can).

What happens to a joint tenancy if one joint tenant leaves?

Ending a joint tenancy Landlords can not solely evict one tenant from the property, they would have to evict everyone and end the tenancy. A new tenancy agreement would need to be drafted and signed if the tenents (who were not the cause for eviction) wanted to remain in the property.

Does joint tenancy affect Universal Credit?

Universal Credit would normally divide the rental liability equally among joint tenants when calculating housing costs. Universal Credit provisions can sometimes allow a claimant to be treated as liable for rent which they do not have a formal liability to pay.

Can one person leave a joint tenancy?

If you’re joint tenants and you both want to leave, either you or your ex-partner can end the tenancy by giving notice. You’ll both need to move out. If you’ve agreed one of you plans to stay, it’s usually best to explain this to your landlord and ask them to update the tenancy agreement.

Do all tenants need to be on the tenancy agreement UK?

The tenancy agreement should be signed by all tenants and your landlord. If there are joint tenants, each tenant should receive a copy of the agreement.

Can you rent a house without a tenancy agreement?

You can’t prevent a tenant from having a tenancy just by not giving them a written tenancy agreement. As soon as they go in and start paying rent, a tenancy will be created under s54(2) of the Law of Property Act 1925 (which sets out the circumstances under which a tenancy agreement is not needed for short lets).

Which is better joint tenancy or tenants in common?

It can be an advantage because it simplifies beneficial ownership. There may be lower legal fees because there is less complexity involved and fewer documents are required. There is no joint tenancy agreement. Joint tenants have a simple relationship so there is no need for a document that defines it in detail.

Can I leave my joint tenancy?

If you’re joint tenants and you both want to leave, either you or your ex-partner can end the tenancy by giving notice. You’ll both need to move out. If your landlord doesn’t update the tenancy agreement, you’ll both still be responsible for rent and the person who leaves can still give notice to end the tenancy.

Who are joint tenants on local housing allowance?

Joint tenants are usually people who live together but who are not in the same household, for example three single friends who share a flat. If each has their own room and shares kitchen, bathroom, toilet, living room, dining room, they each get the shared room rate of LHA.

How does a landlord end a joint tenancy?

A joint tenancy can be ended through the correct service of notice by landlord or tenant (s), or by a mutually agreed surrender.

What happens when a joint tenant leaves the DWP?

DWP is expected to then apportion the rent equally. However, when one leaves, goes into prison or dies, the remaining joint tenant can also be paid the contractual rent, due to their “joint & several liability”. In their case, there is no under-occupation penalty applied if the joint tenancy still exists.

How to work out how many bedrooms joint tenants are entitled to?

Use the standard LHA rules to work out how many bedrooms you are entitled to Use the standard LHA rules to work out how many bedrooms you are entitled to. Include the child or non-dependent with the joint-tenant they ‘belong to’. Was this page helpful?

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