Housing benefit if Guest stays

[Mr.P]

You maid the claim for HB and it is paid to you (or directly to the LL for your benefit) - It would be you liable for any overpayments regardless of whether you charge your guest rent or not.

[SabreSheep]

does nto matter why you are doing it, the fact is that someone who could contribute towards the rent is not doing so.

 

He either needs to be put on the tenancy and then your claim viewed as a joint one or he needs to leave or you have to pay his section of the rent out of your money.

 

If the council and dwp did not enforce this in this manner then what is there to stop someone claiming HB for a property and then letting others "move in and claim they are not charging rent then taking cash in hand payments.

 

Form the councils eyes there are two people in that property as you have declared. The council is helping YOU with YOUR housing costs. NOT HIS. IF he is there he has to pay his way as the council will see that if they do not make a deduction that they are subsidising someones housing who has not been assessed.

 

ALSO

 

Means tested benefits are tested on HOUSEHOLD income form everyone living there.

[Phil (Zippy)]

So who is responsible for the rent? Me or him? Because the letters are in MY name!

[abc123def]

You are responsible for the rent. Entirely, if it is your tenancy and in your name only. That's the case for everyone.

 

You are entitled to HB towards the rent depending on the income of the household, so if you were the only occupant only your income would be assessed but if others live there too then theirs would be included as non dependant adults but all that is by the by, the person who is responsible for the rent is the person on the tenancy agreement. If that is solely you, then that is solely you.

[id6052]

as you are the tenant, you are responsible for paying any rent due to your landlord

 

the government expects you to take money off your friend, if you do not take any off him, that is your choice, but it would leave you stuck with the shortfall

[antone]

So who is responsible for the rent? Me or him? Because the letters are in MY name!

 

You are. You are the tenant, and you are the HB recipient. The council will expect him to pay you to contribute towards the rent, and the contribution they expect him to make will be based on his income. But even if you don't ask for the money, a non-dep charge will be considered.

 

We have two separate issues here:

 

1) Is he a resident or a guest?

 

All the evidence suggests he is a resident, as he has no other UK address and is working in the UK.

 

2) Should a non-dep charge apply and, if so, how much?

 

This depends on his income and circumstances, which is why the council needs to see his payslips.

 

The council has suspended your claim because there has been a change of circumstances and they don't have enough information, without knowing his income, to calculate your HB entitlement. Even if he has moved out now, you may still be entitled to some HB for the time he stayed with you, so it's worth supplying the information they request. If he doesn't want you to see it, he can provide it direct to the council.

[Phil (Zippy)]

and what would happen if I refuse to take money off of my friend? I would be liable eh?

 

It's a one bedroom friggin flat!!!

[SabreSheep]

size of property does not matter. You have said he is living there....

 

If he does not pay you you will have to make up the shortfall. This has been said by many people of different reputation on here. I really do not think asking the same question again and again will change the answer you are given.

[antone]

and what would happen if I refuse to take money off of my friend? I would be liable eh?

 

It's a one bedroom friggin flat!!!

 

Yes you would. If a non-dep charge is appropriate, it doesn't matter whether you actually take the money or not.

 

I'm sorry we're not telling you what you want to hear, but this is how the law works as things stand.

[Phil (Zippy)]

Thanks guys. I'm sorry for being pedantic. I was trying to be honest with the Council but that is just me!!!

 

I think you peeps have helped me with my question... The law is an ass! and it stinks! yet our politicians can get away with expenses for a flippin fish pond!

 

Cheers

Zipp

[SabreSheep]

Thanks guys. I'm sorry for being pedantic. I was trying to be honest with the Council but that is just me!!!

 

I think you peeps have helped me with my question... The law is an ass! and it stinks! yet our politicians can get away with expenses for a flippin fish pond!

 

Cheers

Zipp

 

 

I disagree.

Im not certainly saying its happening in this case but this law prevents people "befriending people over the internet" and conning them into living in their house rent free. They manipulate victims into thinking they are really friends and that the victim is groomed into providing this "favor"

 

He should of found suitable job and accommodation before coming here.

[newhereplease help]

Hi, when you filled in your HB and CTR claim form you filled it in based on your sole income, therefore the DWP assessed your claim based on your sole income. You are only entitled to the amount of HB you are getting based on your sole income. By allowing your working friend to live with you, you are now claiming HB and CTR on false information. It is not right that the taxpayer should fund your friends housing costs, especially as he works. You have tried to do a favor but as you are now finding out it will be a favor that will cost you dearly. I hope you work it out. Take care

[stevemLS]

Frankly I think it bizarre that people think they can claim full benefits and then do friends favours in this manner.

 

You are not doing your friend a favour, the state and taxpayers are.

[Surfer01]

If your friend from South Africa is here on a working Visa that means his permanent address is still in South Africa! He is not a British resident as his country of permanent residence is South Africa. However as he has moved out there is no issue.

[antone]

If your friend from South Africa is here on a working Visa that means his permanent address is still in South Africa! He is not a British resident as his country of permanent residence is South Africa. However as he has moved out there is no issue.

 

He is a British resident for HB/CT purposes. If he was here for a month's holiday, that would be different. The decision to treat the friend as resident is, I believe, appealable but I really don't think such an appeal would succeed.

 

Although the friend has moved out, it's still worth pursuing because OP may be entitled to some amount of HB for the period when his friend stayed, and if there is any overpayment it may be reduced or indeed wiped out entirely.

[Surfer01]

Does it matter if the friend cannot claim any benefits during the time his working Visa allows him in Britain? I think the working Visa is only valid for 2 years.

[SabreSheep]

Seems he moved out very quickly.......

[antone]

Does it matter if the friend cannot claim any benefits during the time his working Visa allows him in Britain? I think the working Visa is only valid for 2 years.

 

No, it doesn't matter. There are plenty of people in the UK who can't claim benefits but are still counted as residents when it comes to CT, non-dep charges and so on. My wife was in this situation for the first couple of years she lived here.

[Phil (Zippy)]

My friend has dual nationality! but has no permanent UK address! and for all those dissing me for claiming benefits. I have worked since I left school. I have paid my taxes. I can't understand people that say "Why should the tax payer pay for him?" I have no children yet I pay for other people's children's schools/schooling. Why should I pay for that, if that is your way of thinking?

 

He was only here for a month and like I say I was doing it out of the goodness of my heart!

[SabreSheep]

Noone here is dissing you for claiming benefits.

 

As for your logic it is flawed. You are only doing it out of the goodness of YOUR heart if you pay the contribution the LA assess him as paying.

 

You do not get it though. By allowing him to stay in a property FUNDED BY THE TAX PAYER and not contributing HE IS ABUSING the system.

 

IF HE IS ENTITLED TO HOUSING BENEFIT THEN HE SHOULD GET HIS OWN PLACE or PAY YOU RENT

[Consumer dude]

Far better to allow someone to stay for free then to allow them to claim housing benefit in there own right and costing the tax payer more in HB on a different property I would have thought..

[abc123def]

The contribution they would be expected to contribute would vary depending on their income. If their income is very low then their expected contribution would be too. They are just expected to contribute.

[Consumer dude]

The problem would seem to be if the guest had a nil income, but the tenants HB is reduced anyway.

[tomtom256]

The problem would seem to be if the guest had a nil income, but the tenants HB is reduced anyway.

 

Why is that a problem. It's a situation of their own doing and again it should not be up to anyone else to pay their way for them, unless they are entitled to benefits and claim them correctly.

[antone]

The problem would seem to be if the guest had a nil income, but the tenants HB is reduced anyway.

 

If the person is truly a "guest" then no non-dep charge would apply. You are allowed to have visitors when claiming HB. The issue in this thread is that the person was not a guest as he had no other UK address but was a citizen and working in the UK. He was a resident.