Joint tenants with a boarder

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    If there are two joint tenants and they have a boarder, will the boarder be counted in each of the tenants size ciriteria?,i.e. each joint tenant would be entitled to the two bedroom rate.

    I presume, if so, that this would then also apply to sub tenants?

    Does the concept of “belonging” or being “shared” therefore only apply to non dependents?



    while on the subject of boarders and sub tenants….does anyone knw how a sub tenant should be included on Academy if they count towatds size criteria?


    Hi Jayne

    I am far from convinced that the concepts of “belonging” and “sharing” apply anywhere outside the policy intention/ guidance. I think there is a stronger case for giving each JT a second room than for denying the second room to one or other.

    Grahame – Depends on your office practice. I wouldn’t be including the sub-tenant/ boarder or anyone else not directly affecting the means test on the household and income page; although you can by selecting Boarder or Excluded as the Status. I think Academy is providing a field for manually amending the rooms requirement on Rent Costs.


    looking through Academy user notes for local Housing Allowance and that states” subtenant or boarder does not increase the bedroom calculation.”

    The guidance manual only confirms that it does increase the bedroom requirement where you have a joint tenant and non/dep/subtenant/ Boarder.

    ALG (london councils presentation) confirms that presence of subtenant or boarder does increase the bedroom requirement

    where its not a joint tenancy, and the claimant has a boarder or subtenant does it increase the bedroom requirement or not? 😕

    Julian Hobson

    You only need to concern yourselves with people who occupy the claimants home (except any joint tenant).

    If you are a genuine Sub tenant or border then potentially you occupy the claimants home (you decide).

    If you are a joint tenant with another then they don’t occupy your home and you don’t occupy theirs (for the LHA regs, regardless of any reality). If a non dep moves in, one of two things will happen. You will decide whether the non dep is a non dep of both JT’s or one only. You would do this under current scheme so that the correct nd deduction can be applied, either 50/50 or 100/0 (or some other split if you insist).

    If you decide 50/50 then both JT Max LHA rates are increased to 2 bedroom (subject to contractual caps).

    If you decide 100/0 then only 1 JT Max LHA rate is increased.

    With boarders/ sub tenants the decision on responsibility should be easier because you can look at who the agreement is with.

    I really don’t see any distinction between Occupiers of different status. Why does it matter if someone is a foster child, birth child, grandma, old school freind, carer, border, sub tenant etc for LHA purposes. All we need to know is are they an “occupier”.

    It is the rest of the Hb regs that mean their “household” status is important for income, applicable amounts and Non dep deductions.


    From the LHA issues log:

    DWP advise: “sub-tenants are included in the definition of “occupier” and so would count in the size critera”.

    All sub-tenants must surely count – by definiton (otherwise they would not be a sub-tenant).

    It is worrying that there seem to be so many different variations about something that seems to be relatively clear.


    DWP wrote to me today to confirm:

    “As you’ve said we have previously provided information on sub-tenants and the answer remains that they are included within the size criteria and would therefore increase the bedroom requirement”.

    I suggest you contact your IT provider.

    Darren Broughton

    Sorry to resurrect this, but just wanted to check that my understanding is correct –

    [b:608849a135]Joint tenant [u:608849a135]under[/u:608849a135] 25 with a boarder/subtenant – only gets the shared room rate[/b:608849a135]

    (this is because Reg 13D (2)(a)(i) applies –

    [i:608849a135](i) the claimant is a young individual who has no non-dependant residing with him and to whom paragraph 14 of Schedule 3 (severe disability premium) does not apply;[/i:608849a135]

    [b:608849a135]Joint tenant [u:608849a135]over[/u:608849a135] 25 with a boarder/subtenant – gets the 2 room rate[/b:608849a135]

    (I suppose this would also apply where the claimant wasn’t a joint tenant, but just rents a 2 bed property)

    Is this right?

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