Succession rights and UC housing costs

I have so many questions. But if it’s in Arun then you’re welcome to PM me and I may be able to get involved.

The answers to your questions will have a lot to do with the type of tenancy and succession rights.

I think it’s only Reg 37 that gives any relief from bedroom tax starting (and Carer’s Element ending) - which is only the current, plus the next two APs. I don’t know of any longer exemption.

Council Tax liability will have started as soon as your client’s mother died. She will be entitled to the single resident discount, but it would be a good idea for her to register a claim for CTR - even if she hasn’t been identified as liable yet. If she ends up with a CT debt then it’s always worth looking at asking for a discretionary reduction under s13A of the LGFA.

A DHP can only be paid for a period where the customer is either in receipt of Hosuing Benefit or the Hosuing element of UC. As your customer doesnt get either, she wont be eligible for a DHP. Once the UC has the housing element included, a DHP could help with the bedroom restriction, but its unlikley it will be able to look at the arrears because they have accrued during a period where there is no qualifying HB or Hsg element in payment. Rent arrears do not count as a lump sum housing need.

However, if the succession hasn’t been agreed/confirmed, how is she in arrears? Has she been charged use and occupation charges? if she has proof of those, then UC can include a Hsg element

Are UC paying housing costs? Because I read the post that they are (due to the bedroom tax issue) whilst I think others have read it as they aren’t.

Thank you for all your comments. Timothy it’s in Adur unfortunately, not Arun. I will look up the info about Council Tax reduction you have posted.

All of what each of you have said makes sense. I have attached the arrears info that the person has received. It is in the mother’s name, not the person I am supporting. I have been brought on board late in the process so I am not sure of what the issues are around the succession of tenancy rights. As the arrears are not technically in the client’s name could we argue against these? The mum died 31/01/2022 and rent appears to have stopped being paid from 14/02. In her last AP she did receive housing costs (albeit with a reduction for the bedroom tax at 25%). Prior to this she was not receiving housing costs.

Hopefully things might be a bit clearer once we have had our multidisciplinary meeting tomorrow, but all your comments are raising questions that I need to ask of the housing association and housing team so thank you!

Looking at that rent statement, the HB continued for two weeks but was then recovered as an overpayment.

It also looks like this must be Adur Homes? In which case it’s probably a secure tenancy and if there was succession then it happened when the mother died. If/when Adur confirm that there was succession your tenant should be able to get UC to pay rent back to the date of succession (in the circumstances I would say it’s reasonable for them to treat the late change of circumstances as having been made then).

However, if there wasn’t succession then the mother’s tenancy will continue until somebody ends it, and your client won’t be legally liable for the rent. But if she needs to pay the rent in order to avoid being evicted then you can argue that, for UC purposes, she should be treated as liable because the person who is liable (i.e. her late mother’s estate) isn’t paying, and the conditions in Para 2 of Sch 2 of the UC Regs are presumably made out. And again, I’d ask UC to treat the change of circs as having been made in the AP when her mother died - because of the confusion and retrospective decision making by the landlord.

I’d be inclined to contact the HB section at Adur and Worthing and explain that your client would like to apply for a DHP to make up the bedroom tax shortfall, but is waiting for clarification about a) the tenancy status, and b) UC housing costs before finalising the request - they might say just put the request in anyway, or they might agree that she should hold off, but at least you’ll know.

Thanks Timothy for you your advice. I will put all those queries to the multi disciplinary team who are meeting tomorrow. I don’t think members from HB are attending unfortunately, but Adur Homes are which is good. I’ll speak with them first and then email HB. I

assumed that on registering a death, this would have ended the tenancy. It was the brother of the client who registered the death, however, as the client is continuing to receive bills in her mum’s name I am wondering how well the brother did this.

Thanks again

Aldingbourne - 10 May 2022 12:33 PM

I assumed that on registering a death, this would have ended the tenancy. It was the brother of the client who registered the death, however, as the client is continuing to receive bills in her mum’s name I am wondering how well the brother did this.

Death ends HB entitlement, but it doesn’t end a secure tenancy. If there is no succession then the tenancy continues and belongs to the deceased person’s estate. It won’t end unless somebody takes some action to end it - by notice or surrender.

It’s possible your client may be exempt from paying Council Tax or qualify for a discount on the grounds of severe mental impairment, if they have a learning disability.