Joint tenancies and HB
My client is in receipt of PGC, PIP (standard rate daily living and enhanced rate mobility), HB and full CTS, she lives with her daughter (aged 36) who is her carer and claims CA but nothing else as she has capital over £16K. They live in private rented accommodation, my cl is named as sole tenant. (No non-dep deduction applies as cl getting PIP standard rate daily living). They need to move and have found property within same LA but have been told by letting agent that they will need be joint tenants. Cl wants to know if this will affect her HB claim.
CPAG (p167) suggests joint tenants claim HB on their share only however as far as I can see my cl can be treated as liable for all the housing costs if her daughter is not paying her share. Can the client simply notify LA of change of address/circumstances rather than having to make a new claim or does she have to make a new claim and challenge decision when only awarded HB for her share? Many thanks.
If it’s in same LA area then it should just be a change of circs.
It might be difficult to get the rent covered by HB. It must be reasonable to treat your client as liable for whole rent. If the daughter is living in the property, has capital and no circumstances have changed since they voluntarily entered into a joint tenancy then it it’s arguably not reasonable.
Thanks, I totally get that. I just felt sorry for her because she feels compelled to move because her landlord has connected a heating system for three other properties to her electricity meter!