Hello,

I have two joint tenants- one moving from a Local Authority property, and another moving from withing a housing association (housing association property). Both currently entitled to full Housing Benefit.

One tenant can move in immediately, the other has to give notice.

I think that the tenant who can move in now should be entitled to full housing benefit as both tenants are jointly and severally liable for the rent. When second tenant moves in, then there's a change of circs and HB entitlement will have to be recalculated.

Please shoot me down in flames if necessary, but this seems like common sense (I've not yet found anything to suggest it's not).

The LA are saying that they will only pay the sole resident 50% of housing benefit. I say they're wrong. But who's right?! And more importantly, why?

I would say the LA are right (I suppose I would wouldn't I)
But you might be abler to make an argument over the "regard to all the circumsatnaces" bit.


reg 12B (4)

Where more than one person is liable to make payments in respect of a dwelling, the payments specified in regulation 12(1) shall be apportioned for the purpose of calculating the eligible rent for each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each such person.

How much notice does the second person have to give? Can't they just move in right away and get HB to cover both rents using the 2 homes rule?

Or can't you give the first tenant a tenancy in sole name & then replace it with one in joint names when the other tenant moves in?

Wouldn't that be manipulating the circumstances in order to take advantage of the HB system? I've asked the LA to consider CH/3376/2002....

Unfortunately, I guess you're right. You started off by saying what you wanted to do seemed commonsense, & I agree it does. The problem, of course, is that in this - as in many other areas these days - commonsense doesn't come into Regs. or decision making processes!

Too much box ticking & prescription taking away from people the ability to use their judgement and initiative to do what is self-evidently the sensible thing!!!

Sorry - I'm getting off the subject. Rant over.