Joint Tenancy

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    Peter Field

    I know there have been some previous postings regarding joint tenancy where a claimants child is named on the tenancy agreement, however due to MP involvement would like some further opinions.

    Tenancy started in July 2010, and her 18 year old dependant son is a joint tenant from July 2010. It is our understanding the landlord wanted the son named as a joint tenant. We assessed claim on 2 bedroom LHA rate on 100% of rent liability. In May 2011 Child Benefit for the dependant ended due to him becoming an apprentice with earnings of around £150.00 per week. He also became 19 years old shortly before Child Benefit ended. Therefore from when Child Benefit has ended we have now assessed the mother on 50% of rent liability, and the son has completed a claim for HB and he has been assessed on 50% of rent liability. (each 50% share is less than shared room rate of LHA).

    Would anyone have treated the son differently from when Child Benefit ended?

    Kevin D

    Based on the info given, I agree with your approach. It’s a fact there is a joint tenancy. The only room for argument is the apportionment between the joint tenants.

    If there is no one else in the property, 50/50 seems fair – especially if the tenancy agreement gives the jt tens equal usage (e.g. no terms specifying one or the other has particular rooms). After that, the eligible rent cannot exceed the charge (subject only to the £15 top-up if still payable).

    Unless there is more to this, I wouldn’t have any particular concern(s ) in the event it ended up at Tribunal. On that point, has an appeal been made? Seems odd for the MP to be involved so early.

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