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joint tenant and UC

Steph F
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Glasgow West Housing Association

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Total Posts: 269

Joined: 24 June 2010

I have a client who is being served with a Notice for recovery die to rent arrears. She is a JT and ptr whereabouts unknown, possible back in Pakistan.
She was in receipt of HB but when she was moved over to UC the RSL advised it was a JT and UC are only paying 50% of rent. HB previously payed full rent. Can we not have 100% paid.

Elliot Kent
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Shelter

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This is a common issue referred to in DWP jargon as an “untidy tenancy”. By default, UC will pay 50% of the rent where one of the two joint tenants is claiming, on the implicit logic that the other joint tenant will be paying their “share” through some other means. Legislation allows the percentage used to be amended where the default is inappropriate, which enables them to pay 100% in cases like this where the other joint tenant has disappeared.

See e.g.:
http://data.parliament.uk/DepositedPapers/Files/DEP2019-0465/Joint_tenancies_v6.0.pdf

Steph F
forum member

Glasgow West Housing Association

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Total Posts: 269

Joined: 24 June 2010

Elliot Kent - 18 September 2020 11:24 AM

This is a common issue referred to in DWP jargon as an “untidy tenancy”. By default, UC will pay 50% of the rent where one of the two joint tenants is claiming, on the implicit logic that the other joint tenant will be paying their “share” through some other means. Legislation allows the percentage used to be amended where the default is inappropriate, which enables them to pay 100% in cases like this where the other joint tenant has disappeared.

See e.g.:
http://data.parliament.uk/DepositedPapers/Files/DEP2019-0465/Joint_tenancies_v6.0.pdf

 

Thanks Elliot