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Who pays the rent (and council tax)


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Hello all,

 

This is a request for information on who will have to pay the rent on a LHA property.

 

Me and the wife have rented this property for over 20 years now and have paid the rent on it for most that time,

 

Due to my wifes disabilities she has the high rate motobility and standard car PIP. Because of this I am on carers allowance and also receive Income Support.

 

The house is four bedrooms and we use 1 and our granddaughter uses 1 and her boyfriend uses another 1. So out of four bedrooms we use 3 and have a reduction in HB (14%) for the empty one.

 

My granddaughter (18yrs old ) up-till recently was a full time student and has now moved on to a apprenticeship (wage approx £225 pw)

 

Her boyfriend (18yrs old ) is also on an apprenticeship (wage approx £195pw)

Neither of them have paid anything towards the rent or CT as that has always been the way we have done it for all our children.

 

The LHA and the council are fully aware of the situation at the property as I keep them fully informed of any changes in circumstances within just a few days of the changes.

 

So currently we have to pay 14% rent and a small proportion of the CT and there has been no communication concerning any change to what we pay regarding granddaughter moving into the apprenticeship.

 

We also notified the appropriate gov depts about her change of circumstances and the Child Benefit and CTC we got for her has now stopped.

 

Now there is another change in circumstances coming up next month and its this change that I need to get information about up front.

 

The boyfriends apprenticeship is about to come to an end (early July) and he is moving onto a position within the educational establishment his apprenticeship was with.

 

So he is going to be a full time employee earning a income that will be a lot higher than what he gets on the apprenticeship.

 

SO, the question is

 

Would he be liable to pay the rent and CT on this property even though his name is not on the tenancy agreement.

 

Your thoughts on this matter would be appreciated.

 

OH one more question.

 

Would me going back into self employment make any difference to the above As I have been considering this for a while.

 

(I'm 62 and would be working a minimum of 16 hours a week)

Edited by dx100uk
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I've no idea about HA and rent, but as long as you keep your council aware of who is living there and how much they're earning, they'll be able to work out how much council tax should be paid on the property.

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Moved to the benefits forum

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Your LA will inform YOU of any changes to HB or CT payments that need to be made, and no, he will not be made to pay the rent and CT for the property.

 

 

Any increase in income to the household will make a difference to what the LA pays in respect of HB and CT.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Would he be liable to pay the rent and CT on this property even though his name is not on the tenancy agreement.

 

Presumably it is your name on th rent agreement along with HB & CTX benefits. In which case, you would be liable for any outstanding amounts for rent/ctx. I'd suggest sitting down with daughter and boyfriend, explain the financial situation and come to an agreement for a fair contribution.

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Thanks for the input and replies the information given is helpful.

 

Curiosity got to me last night and I decided to use a benefits calculator (T2Us) but had to put them both down as working non dependants as there seems to be no way of inputting info wrt apprenticeship.

 

I gather I must have done something wrong as it comes back with no change to the current benefits we are receiving. Going to try again today and also get down to CAB and Council with a request for

what the changes are likely to be.

 

They have both indicated that they would much rather pay rent on a place of their own or even try for a mortgage. We can understand their point here.

 

Something that did come up last night while we were talking is that the boyfriend is also considering going on to a higher tier apprenticeship. Would that be likely to make a difference?

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I not being scrooge or anything your granddaughter and boyfriend if they have any income they should be paying a proportion of it to you , I mean think of the the other bills electric gas water food do either pay anything to the upkeep of the house

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Both my children from the age of 18 have paid something towards the bills.

I was on benefits due to ill health and now am on esa in support group.

 

My housing benefit and council tax relief are reduced in accordance with the adult childrens' wages.

Even when my son was out of work for 3 weeks while he waited to start a new job and didn't apply for benefits himself, I had to pay £14 per week for the deduction for him and a few pounds council tax.

 

Even when an adult child claims benefit, the council still reduce the tenants housing benefit and council tax relief.

Currently my daughter is working part time and studying at college as well as being my carer.

 

To offset the benefit deduction she pays me £30.50 per fortnight, I pay the council tax part.

Everything else we sort out between us.

Edited by dx100uk
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Council Tax liability is determined under s6 of the Local Government Finance Act 1992 - under this, liability will fall on a resident tenant before anyone else. This means that you are your wife are liable for any council tax charge (the fact a person may be 'disregarded' does not affect liability)

 

Any council tax disregards which may apply for other occupiers - e.g. an apprentice - will be looked at when calculating the charge but it does not alter who is liable for the payments.

 

It should be noted that Council Tax Reduction is means tested and looks at the household in a different way to Council Tax when determining what may or may not be paid to assist with paying the bill. It can however only be paid to the person who is actually liable for the Council Tax charge.

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They will reassess and take the GD and hers boyfriends income into account but it wont be counted as your income so not treated as a common pot of money. I dont know the calculations they use but you will find that their income is considered differently with regard to outgoings but you will find that the proportion that you pay towards your rent and CT will go up but not as much as it would if the income was yours.

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Hello All,

 

Thanks for information and we have taken note of what has been mentioned within the replies.

 

Did think that the onus would be on us as its our names on the tenancy.

Do agree with you concerning getting them to pay the difference (or proportion of it).

 

The LA housing waiting list here is absolutely massive and due to their status of being unmarried with no kids and living in a house with spare bedrooms so not classed as overcrowded their wait time would be in the region of 5yrs +.

 

Their only really choices if they want their own place is to rent privately or mortgage and as the boyfriend would prefer to put his money into ownership rather than renting they are saving every penny they can so has to afford a deposit on a small place of their own.

 

Again thanks for the replies., appreciate them.

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They are as Hannya had said, really sensible youngsters.

 

I really hope their dream comes soon for them.

There is no quick way round it these days.

 

A friend of mine was living in her 1 bedroom flat and had 2 of her adult children plus a grandchild with her, 1 of her adult children had become homeless through no fault of their own, the other had returned to be her carer as her health was poor.

 

Even they waited almost 2 years for 1 of her adult children to get a local authority home, and even that's temporary and only because the overcrowding made her already poor health worse.

I think it was her GP who eventually wrote on her behalf to the local authority.

 

I am a council tenant where I live and my next door neighbour is on the housing list to move as she is entitled to an extra bedroom now, she was recently sent a letter advising her that as of july 2018 the requirements to getting on and staying on the list have changed.

 

From what she told me of those changes it seems that as the housing situation is dire, they are merely making it as hard as possible to even get on the list......

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