Jump to content


Housing benefit if Guest stays


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3552 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

I need some advice...

 

I am on ESA (Support Group) and get Housing and council tax benefit.

 

My good friend has come from South Africa and is staying at mine until he finds somewhere. He is sleeping on my sofa as I have a one bedroom flat. I am not charging him rent and he buys his own food. He is also doing temporary agency work part time to earn some money.

 

I have informed the council that he is staying here and now they want to reduce my housing benefit/council tax benefit because they believe he should contribute towards the rent!

 

So would he be able to claim Housing Benefit if he only works part time and is on a low wage?

 

The council have asked to see evidence of his incoming wages and I have to now supply his wage slips.

 

Any help/advice please?

Thanks

Phil

Link to post
Share on other sites

  • Replies 50
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

He can't claim HB himself unless you are charging him rent and have a formal, commercial tenancy/subtenant/lodger agreement in place.

 

Until he arrived, were you the only occupant of the property? I'm guessing, from your post, that he has no other address in the UK that he could call "home" - is that correct? In effect, he lives with you for now?

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

Link to post
Share on other sites

He would not be able to claim any housing benefit as he is not on the tennancy.

 

Also careful, you may lose your 25% single person council tax discount as well!

 

They may be starting to treat you as a change of circumstance and treat him as either a lodger OR partner

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

Am I being stupid here? Just because some of us claim HB you cannot have guests stay? Erm, I claim HB and have had a friend from overseas stay with me for 3 weeks before and all he done was pay towards the food etc not formal rent) Just because we are on HB and renting does that mean we are not allowed partners, family, friends to stay every now and then? If that is the case that is a disgrace

  • Confused 1
Link to post
Share on other sites

Sadly there is a time limit on how long some can stay with you before its considered a place of residence vs a holiday.

 

Remember some benefits are means tested on household income. If "Partners stayed for months on end on holiday it would undermine that benefit. Guess the line has to be drawn somewhere.

 

That being said I dont nessasarily agree with it

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

Oh, don't get me wrong, I can see where it could be abused i.e. someone staying long term and paying some rent cash in hand meaning you get HB OVER what you should be getting but in the case I was referring to it was a friend staying for 3 weeks on the sofa paying nothing apart from contributions towards food. A line does have to be drawn but also some common sense used

Link to post
Share on other sites

I'm over a barrel and cannot win! If I did say he was a lodger and I was charging him rent, it would come off my ESA!!

 

I'm not out out to cheat the system, I was being honest and told them I have a guest, but because he is working they demand to see his payslips!!!

 

Perhaps I should have said nothing!! and then my nosey neighbours would dob me in and I would be done for fraud!!!

 

I cannot win. I might aswell tell him to get lost and he would be anther homeless statistic!

 

:-(

Link to post
Share on other sites

Am I being stupid here? Just because some of us claim HB you cannot have guests stay? Erm, I claim HB and have had a friend from overseas stay with me for 3 weeks before and all he done was pay towards the food etc not formal rent) Just because we are on HB and renting does that mean we are not allowed partners, family, friends to stay every now and then? If that is the case that is a disgrace

 

You can have guests stay while claiming HB, yes. But if you have a person living with you who has no other residence, that's a different matter. OP's friend is not a "guest", he's a resident.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

Link to post
Share on other sites

I read somewhere that you can have a friend etc.. stay with u for 3 nights but no more but haven't not seen rules to apply this? Should have a rule on this though as people need to know where they stand with people staying over really.

RLP are a con PLEASE DON'T PAY THEM TO DO MORE! IGNORE ALL LETTERS AND CALLS! :)

Link to post
Share on other sites

I read somewhere that you can have a friend etc.. stay with u for 3 nights but no more but haven't not seen rules to apply this? Should have a rule on this though as people need to know where they stand with people staying over really.

 

There is no such rule. You can have friends stay for as long as they like provided that they're not actually living with you. That question is decided on a case by case basis.

 

In the case of the OP, his friend has no other UK residence and is working in the UK. In effect, it's the friend's home. He's not a guest, he lives there.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

Link to post
Share on other sites

I read somewhere that you can have a friend etc.. stay with u for 3 nights but no more but haven't not seen rules to apply this? Should have a rule on this though as people need to know where they stand with people staying over really.

The 3 night rule is an urban myth....

Please do not ask me for advice via PM as I will not reply.

Link to post
Share on other sites

If it is the carers home ie they have no other residence that is their main residence (where they reside on their days off and holidays, where they receive their mail, pay bills and council tax) then they are counted as living in the property as their main home.

Link to post
Share on other sites

Ok did more digging.

 

Staying over many nights does not equal living together but is enough to trigger dwp investigation.

 

To counter that allegation the other person should produce current driving licence passports bills and bank statements with their real address on it. Tennancy agreement too. This provides evidence that they are living elsewhere.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

Thank for the replies.

 

My local Council are expecting ME to pay for my friend (He is not a partner or a lodger and is NOT on the tenancy agreement)

 

So I have to pay my landlord £86 a week for a one bedroom flat because my friend is staying?? OUT OF MY E.S.A. BENEFIT!!!?

 

Something aint right here! Anyway, he's now moved out!

 

Regards

Phil

Link to post
Share on other sites

If he is living with you he should contribute. There is no reason why the tax payer should subsidise him to live with you.

 

if he could not afford to pay then he should apply for benefits in his own right and written into the tenancy. Hb can be awarded for low income.

 

If he was on holiday then that would be different.

 

Remove the people from the scenario and examine the facts and you might see their reasoning.

 

person A is on esa and rightly so claims hb n ctr.

 

Person B enters the country and moves in with person A while he seeks work and IS earning money and not paying rent.

 

Person B has then moved into this country and having his accomidation subsidised by the state without being assessed. Person B has no rights and Person A and Person B are in a position to abuse that relationship.

 

Person B should of found work and accomadation before arriving here.

 

Just like my Bro is doing. He is planning to emmigrate to Canada. Before he arrives he will have found a job and sorted accomadation.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

If he is living with you he should contribute. There is no reason why the tax payer should subsidise him to live with you.

 

if he could not afford to pay then he should apply for benefits in his own right and written into the tenancy. Hb can be awarded for low income.

 

If he was on holiday then that would be different.

 

Remove the people from the scenario and examine the facts and you might see their reasoning.

 

person A is on esa and rightly so claims hb n ctr.

 

Person B enters the country and moves in with person A while he seeks work and IS earning money and not paying rent.

 

Person B has then moved into this country and having his accomidation subsidised by the state without being assessed. Person B has no rights and Person A and Person B are in a position to abuse that relationship.

 

Person B should of found work and accomadation before arriving here.

 

Just like my Bro is doing. He is planning to emmigrate to Canada. Before he arrives he will have found a job and sorted accomadation.

 

 

You are 100% correct. The problem is: The Council have written to me asking ME to pay rent! I DO NOT CHARGE my guest for rent!

 

So, 1: Should the Council ask my friend for rent? even though he is not on the tenancy agreement or

2: I should pay the rent out of my E.S.A.

3: I ask my friend to pay rent even though I am doing it as a favour for sleeping on my couch? (1 bedroom flat!!)

Link to post
Share on other sites

So, I have to pay rent of £86 a week for a one bedroom flat out of my E.S.A. (The letter from the Council is addressed to me!)?

 

Or, I ask my friend to pay the rent directly to the Council even though he is NOT on the tenancy agreement?

 

Or, I ask him to pay me rent even though there is no tenancy agreement between us and I told him he can stay and sleep on my couch (In a one bedroom flat)? and I am doing it as a friend and I am NOT charging him?

Link to post
Share on other sites

So, I have to pay rent of £86 a week for a one bedroom flat out of my E.S.A. (The letter from the Council is addressed to me!)?

 

Or, I ask my friend to pay the rent directly to the Council even though he is NOT on the tenancy agreement?

 

Or, I ask him to pay me rent even though there is no tenancy agreement between us and I told him he can stay and sleep on my couch (In a one bedroom flat)? and I am doing it as a friend and I am NOT charging him?

Link to post
Share on other sites

They wouldn't stop your HB entirely based on someone else's income. They would be considering whether or not a non-dependent charge should be applied. A deduction of around £86 per week would only be applied if the non-dependent earns more than £400-odd per week or if he refuses to supply income details.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

Link to post
Share on other sites

I think you are missing the point... The letter from the council is addressed to ME.

 

I also should state that the Council are asking me to pay one weeks rent (Which I have been overpaid) and have suspended my Housing Benefit until proof of my friends wages are supplied. The letter is addressed to me!

 

So, depending on their assessment, who is liable? me or my friend? and I say again... my friend IS NOT on the tenancy agreement and I am NOT charging him rent!

 

So because I have a friend staying and sleeping on my sofa in a one bedroom flat that I do not charge him rent and he has no tenancy agreement between me or my landlord. I HAVE TO PAY RENT? (the letter is addressed to me)

 

Regards

Phil

Link to post
Share on other sites

I think you are missing the point... The letter from the council is addressed to ME.

 

I also should state that the Council are asking me to pay one weeks rent (Which I have been overpaid) and have suspended my Housing Benefit until proof of my friends wages are supplied. The letter is addressed to me!

 

So, depending on their assessment, who is liable? me or my friend? and I say again... my friend IS NOT on the tenancy agreement and I am NOT charging him rent!

 

So because I have a friend staying and sleeping on my sofa in a one bedroom flat that I do not charge him rent and he has no tenancy agreement between me or my landlord. I HAVE TO PAY RENT? (the letter is addressed to me)

 

Regards

Phil[/QUO

The council will assume your friend is paying you even if he's not. Your friend is staying at your place at your invitation. That is how it tends to work out, and they are likely to reduce any housing benefit if any is received..

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...