LHA Joint Tenancy

I have a client who is a joint tenant with her daughter, my understanding would be that my client is entitled to the two room rate less a NDD for the daughter?

The LA state no it is a shared room rate, they seem to be basing that on the fact my client does not have access of two rooms, exclusively.

Regulation 13(d)12 seems to imply the client should be entitled to 2 room rate, as noted above.

Does anyone have any thoughts on this?

That is a fundamental misunderstanding of housing law.  Under a joint tenancy each tenant has exclusive possession of the entire property.  At law joint tenants are one legal entity and this legal entity is entitled to exclude the rest of the world.  That is what exclusive possession means.

So she is entitled to two room rate?

I also note that the CPAG handbook backs the Council up, but not when the position is family members, who are the joint tenants.

Yes, scrap what I said (although it is true for housing law).  The HB regs do qualify exclusivity in the way you describe.

Thanks for that, have a great weekend.

If they maintain a common household, which in the case of a mother and daughter is quite likely, your client will be entitled to the self-contained two bedroom rate without any non-dep deduction (as the JT is not a non-dep).  What’s more, if the daughter is a claimant herself and aged 35+ she will get the 2 bed rate as well - that’s 2 x the 2-bed rate in total - double helpings, they both get it.  Obviously HB will only go up the claimant’s real life rent (or her share of it in the case of JTs) but it gives them a budget.

So it’s two pretty extreme options: either the shared rate, or the self-contained two bed rate.  The focus of your submission should be household - do they split grocery bills, hang out together in the living room, share meals etc

Anorak,

Many thanks.