This is a plea for help off anyone with knowledge of student finances. I have a client who is 18 years old. In november of 2007 both his parents died. He succeeded to his HA tenancy . I sorted out income support, EMA and housing benefit for him. He was a student at 6th form locally and is now hoping to go to Cardiff Uni in October. The problem is that his EMA has ceased. He is treated as a full time student from 01/09 so his income support stops and also his HB. He won't go to Uni until October. He is desperate to hold onto his property. He has no-one to pay the rent for him. He has no-one to return to in the holidays and a house full of belongings plus of course it is his home.

He does not meet any requirements for income support or Hb that I can see. He has no disabilities and no children. I feel bitterly sorry for him. It's as if he is trying to make the best of an awful situation but circumstances and life conspire against him.... Can anyone think of anything that will enable him to pay his rent for three years without breaching his tenancy. I have contacted local charities and also student support at Cardiff.

Why is he being treated as a student from 1st Sept if he is not going to Uni until October?

It isn't much of a solution but I see no reason why he should not be entitled to HB at least until he starts his course.

He is between courses of education, not engaged in a course of education. I would say that he ceased to be a student when his 6th Form studies ended and doesn't become one again until his degree course starts.

I see nothing to stop him taking in a lodger on a commercial basis and the lodger then claiming HB if nesessary.

He could issue the standard resident landlord agreement. It will not create a tenancy, it is a form of licence to occupy.

Sub letting is where the tenant is no longer resident and then grants a (sub) tenancy to someone else.

There is a useful piece of case law Amoah v LB Barking and Dagenham.(Chancery Division 23 Jan 01) which is relevant here.

In Amoah the apellant was a secure teanant who was sentenced to 12 years for smuggling cocaine. He installed a "caretaker resident" in his flat, but LB Barking considered that Mr Amoah was no longer resident and using the premises as his home and so took possession proceedings.

Etherton J allowed the appeal and Mr Amoah kept his tenancy

thank you very much all your advice was so helpful. I actually had a fantastic outcome with this young lad which has restored all my faith in the world!

Local churches in his village have agreed they will club together and pay his rent for the next three years. How incredible is that....

Once again (for theh first time in ages) I am happy in my work. (Not that any of it was benefit related)

Only some parts of student funding are taken into consideration as income (Maintenance Loan and Grant, for example, but not Special Support Grant, the Disabled Students Allowance, Parents Learning Allowance, Childcare Grant etc) plus if your client is a first-year student, the student funding will be counted as income only from the actual first week of the academic course. It is only after 1st year of studies that the student funding is counted from the first day of the first complete benefit week in September.
So if your student starts Higher Education in October, the Local Authority should not take his student loan into consideration until then.
I can provide more info on student funding and benefits if necessary. I am no expert but i know people who are!