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Housing benefit


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I have recently broken up with my partner of 4 yrs and I have no other immediate options available but to rent a room in the same property as ive been living in. A tennancy agreement has already been wrote up im now LIVING in a room fully furnished within the property. Will I be able to claim any housing benefits for this as technically im now a tenant not a person living there. THe Property belongs to her and all bills are also to her.

 

Im not to sure but to an outsider it does look suspicious and we aretrying to play the system but unfortunatly things happen in life.......

 

Or is there a fast track to social housing as my next rent is due on Wed.

then Im on the street!!!!!! I also have a dog (I know doesnt mean much but everything to me etc)

 

Ive currently lost all jobs and being put on income support and incapacity benefits as well as others as ive had a minor breakdown, but the ball has only started rolling with this.

 

Any advice Please

 

Thanks

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If you're under 25 HB people only pay out the value of rent for a bed sit or a room in a shared flat so presumably actually living in that arrangement shouldn't be a bother.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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Renting from an ex-partner is a very complex issue. It is possible but there are few hoops to jump. These hoops are designed to show to the local authority that you are now living in a separate "households".

I would suggest that you call Community Legal Advice on 0845 345 4 345

 

 

They would be able to advise you directly on your entitlement and the application process. At the same time, call your council and ask for HB application form or check whether your council has one to download.

 

Sadly- nothing is going to happen by Wednesday; you can however apply to Social Fund (if you are in receipt of IS) to ask for a Crisis Loan {- ask CLA adviser about this too. You can download application here: Apply for a Crisis Loan (form SF401) : Directgov - Do it online

 

Crisis Loan may help you in a tight spot but it may be difficult to prove that you are going to be kicked out. You may want to think carefully- would situation warrant a domestic violence angle (reembering that dv is not only about actual physical violence but emotional harassment and abuse too).

I don't know- this needs proper advice session.

 

With regards to your housing situation; if your landlady lives at the property and shares communal arreas with you (kitchen, bathroom, hallway)- you are not a tenant. Your rights are somewhat limited. You are a licensee.

CLA adviser needs to know this too.

You will probably need to make a homelessness application too- if your landlady is serious about getting you out.

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If you do not have sole and exclusive use of cooking and washing facilities, but are merely sharing them, then you are a mere licencee, not a tenant.

 

As a licencee, you have no protection under the Landlord and Tenant Act 1988. Therefore you can be evicted more or less at will, by the owner of the property, as there is no statutory minimum notice period of 28 days for someone who is not a tenant.

 

You are still an occupier of residential premises, but you appear to have what is called an excluded licence and therefore you are not entitled to the protection of the Protection from Eviction Act 1977:

 

The Letting Centre - Protection From Eviction Act 1977

 

 

 

Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

Note

 

This is a self-help forum in which users share their experiences. Assistance is offered informally, without any assumption of liability. Use your own judgement; obtain advice from a qualified and insured professional if you have any doubts.

 

This posting gives general guidance only. It is not an authoritative statement of the law. Consult a Solicitor for specific advice before deciding on any course of action.

 

 

Further information:

 

Assured and Shorthold tenancies - A guide for tenants

 

Renting and Leasehold - Advice from Shelter

 

 

All posts are opinion only

 

 

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