Bedroom Tax HELP!

Hi,

I am hoping someone can advise me.

I have a client (aged 52) who is a tenant of a council property. Two years ago her husband (aged 68), who she is seprated from, moved in to care for her. (Their living status has been checked by DWP and approved as living sepratly under the same household).

My question is, should my client be paying bedroom tax now that someone of pensionable age is living in the property?

Any advice would be helpful.

Cheers

whos due to pay the rent?

joint tenancy or is he a non dep or lodger?

My client is due to pay the rest. She is only tenant.

He must be down as a non-dep. I am not too sure. I am in process of making contact with Council to find out more info.

Thanks

I presume this is a 2 bedroomed house?  If so then if 2 bedrooms are occupied then there shouldnt be any bedroom tax.

It is a three bed property. Two bedrooms are occupied but because there is someone over pensionable age surely my client should be exempt?

There is talk that my client would need to put her ex-husband as joing tenat for them to be exempt from bedroom tax. Anyone heard of this?

They would only be exempt from the bedroom tax if they were a couple. If he is a non dependent and she is the sole tenant then she will be liable for 14% bedroom tax.

I would be very surprised if the council would put him on as a joint tenant if they aren’t a couple and he has only just moved In - this would mean him “jumping the queue” for a council tenancy?

If they were joint tenants (but not a couple) generally they would both be liable for 50% of the rent and in this case this would include 7% of bedroom tax for the one spare room. She would be liable (as she is below PC age) and he would be exempt from the other 7% (as above PC age)..

Thank you for all your replies.

Kelly2k4wat - 05 May 2015 03:49 PM

It is a three bed property. Two bedrooms are occupied but because there is someone over pensionable age surely my client should be exempt?

There is talk that my client would need to put her ex-husband as joing tenat for them to be exempt from bedroom tax. Anyone heard of this?

The problem with that is, if he subsequently left then the entire tenancy is dissolved and the landlord might refuse to grant a new one to your client if the property is under occupied.

@Nevip - is it your experience of council tenancies that when a joint tenant moves out the entire tenancy is dissolved? Is this policy or law (or both)?

If the joint tenant who has moved out wishes to be released from his/her obligations s/he can serve a notice which I believe does bring the joint tenancy to an end.  Most housing associations and councils have a policy of granting a new tenancy to the remaining occupier, although if the original tenancy was one of the remaining HA secure tenancies I believe the new tenancy will be an assured tenancy.  And if they are under-occupying they might be offered a different property.

If the joint tenant who has moved out just disappears and takes no further interest, there is still a joint tenancy and the absent tenant remains liable for rent and could end up with a court judgment against them if arrears build up.  There is also a risk that HB/UC for the remaining tenant is based on less than 100% of the rent

It is well established common law following Hammersmith and Fulham LBC v. Monk (1992) HL, and firmed up here.  It applies to all periodic tenancies.

http://nearlylegal.co.uk/blog/2014/11/monk-silenced/