Joint tenant with shared non dep in property

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  • #33949
    Jan Canfield
    Participant

    Looking at the LHA manual it seems to say, in the example they have given, that four rooms would be allowed in this instance, as each 50% claimant can have a bedroom for the non dependant.
    It does not say that in the LHA advice on this site-have I read the manual correctly?

    #94594
    Anonymous
    Guest

    I think you have read the manual correctly, and Regulation 13D (3) will allow each tenant two rooms, as they both qualify for the shared non-dep to be included in their household. In matter of fact if 50% of their full rent liability – the “cap rent” – plus 15 quid is lower than the two room rate, they would only be eligible for the maximum rent (LHA) of cap+£15.

    The case illustrated (at para. 2.27) is specifically where the non dep is “shared” between households. When the non dep “belongs” to one tenant only, or joint tenants have no non-deps the shared room rate comes into play.

    #94595
    Jan Canfield
    Participant

    Thanks for the confirmation-I hope not too many claims will have that scenario!

    #94596
    ghita
    Keymaster

    Jan – I am not sure where you have seen this differently on the site? The original plan was that only the first JT would get the extra bedroom but that was abandoned so it has now reverted back that all will get the extra bedroom (unless the non-dep clearly belongs to one JT …although that is going to be a bit more problematic as other threads suggest).

    #94597
    andyrichards
    Participant

    This issue was identified by a number of the pathfinders. The DWP said they would deal with it as a part of national rollout. I think their way of “dealing with it” is the £15 cap.

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