Joint tenants which rate shared or one bed

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  • #34687
    Anonymous
    Guest

    2 joint tenants in a 3 bed house each has exclusive use of 2 rooms, which rate applies.

    Do I need to look at the meaning of “exclusive use” in housing law or just in the practical sense of what each person actually occupies.

    #51621
    stevedaymond
    Participant

    1 room rate each, no need to over complicate it.

    #51622
    cfowkes
    Participant

    We took a case exactly like this to FTT. The judge ruled that you cannot have exclusive use if you are a joint tenant regardless of any private arrangement the joint tenants may have. Shared Room Rate applicable.

    #97509
    Anonymous
    Guest

    Thanks for the replies. If the claimants were each renting separately 2 rooms each not jointly they would have the full liability covered between them. in the case of joint it would mean that there is a shortfall which I cant see why in practical terms they should lose out being joint tenants.

    I am looking for a way in which they can each receive the one bed rate. The regs do not say “the [b:cab74d87f9]tenancy[/b:cab74d87f9] must provide exclusive use” perhaps the regs refer to the the practical arrangement especially when they have the liability to pay in respect of the 2 rooms they occupy.

    The phrase the “the tenancy provides for him to share” is used in Reg.114. I was thinking if it was a condition that exclusive use of 2 rooms must be provided for by the tenancy agreement in the case of joint tenants Reg. 13d (2) could have provided for this in clear terms?

    Am i making sense?

    #97510
    Anonymous
    Guest

    On the facts of your case bens I think it is the self-contained rate either way you look at the term “exclusive”.

    If you take the housing law approach (which DWP does not agree with, and which Paul Stagg said he “didn’t buy” at an HBINFO conference), joint tenants enjoy exclusive possession of their home. So that would qualify any joint tenant for the 1-bed rate as long as the exclusively possessed property has a kitchen and bathroom in it somewhere.

    Alternatively, if you take the word exclusive in the context as meaning “whatever rooms the joint tenants have informally agreed among themselves should be private”, again it’s the one bed rate here because the claimant has two such rooms.

    The issue only “bites” where the joint tenancy is for self-contained accommodation but the internal divvying up leaves the claimant with only a bedroom as private space.

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