joint tenants

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  • #34273
    Andrew Plant
    Participant

    Hello

    This may have been covered elsewhere …. so sorry in advance.

    A mother and her daughter (single no children, and over 25) have a joint tenancy … no claim in from the mother but the daughter has claimed and states she does not share a bedroom and a living room (there are two in the property).

    My question is, would this count as exclusive use of two rooms and therefore attract the one bedroom rate?

    Or would the fact that it is a joint tenancy mean that she could never be deemed to have exclusive use of any part of the property?

    #96240
    Ozzies Mate
    Participant

    But they do share a kitchen, bathroom and/or toilet?

    #96241
    seanosul
    Participant

    I would say that does not matter

    [quote:f37ab5dc7f](b) except where paragraph (a)(i) applies, the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order (one bedroom self-contained accommodation) where that applies in the claimant’s case at the relevant date in accordance with the size criteria and—
    (i) the claimant (together with his partner where he has one) has the exclusive use of two or more rooms; or
    (ii) the claimant (together with his partner where he has one) has the exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking,
    [/quote:f37ab5dc7f]

    They can get the self contained rate – woe betide them if they share the living room

    #96242
    Andrew Plant
    Participant

    Thank you both for your replies.

    To clarify they do share the kitchen, bathroom e.t.c the only rooms that the daughter does not share are one bedroom and living room.

    I had thought that it would be possible for them to get the self contained rate after looking at the regs but then doubted myself after cross referencing to the guidance (I suppose there is a lesson to be learned there.)

    As it is theoretically possible I suppose we may need to ask the daughter how she manages to avoid sharing the living room with her mother ……..

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