Terms & Conditions

[jennytbush]

Hi All

I have a L/L who has joint tenants (mother and adult daughter) since 31/05/10. we are paying on shared rate and now L/L wants to change tenancy agreement to Mother only in order to get 2 bed rate.

Any ideas if we can accept this at any time or would review only be acceptable at end of tenancy agreement period.

Any advise appreciated. Mrs is elderly and disabled (AA) if that makes any difference!

[Anonymous]

I’d try not to get too involved, but you might want to have a discreet word with the tenants. Will they benefit at all from the landlord’s scheme?

[jennytbush]

Now paying shared rate £71.00 and if TA changes to mother only – as on AA – full two be rate with nil non-dep charge and the added advantage of easement should daughter commence work.
Would be advantagous to about £80 pw.

[peterdelamothe]

Firstly, the tenancy cannot be changed if there is an existing contract in place. All parties would have to agree for the first contract to be cancelled and replaced by the second. That would then give rise to you making a taking advantage decision. The claimant should be aware that is an “all or nothing” decision – the full amount of HB or nothing at all.

[Anonymous]

What’s the current contractual rent, and does the landlord intend to increase it?

If there is currently a shortfall due to the 2x shared room rate and this arrangement is purely intended to reduce the shortfall, it might be hard to argue that there is the element of impropriety necessary for a “contrived” decision. There have been previous discussions on the fine line between maximising income and taking advantage of the scheme. I would say it depends on the extent to which the landlord is taking the mick.

Yes the tenants would have to agree to terminate the existing tenancy, this is why I suggest you discuss it with them first. I probably wouldn’t tell them its definitely all or nothing… but there is a risk of reg 9 biting depending on various factors.

[jennytbush]

Thanks for your help – tenants would be more than happy to change TA – L/L seems wised up and will inform them accordingly.
Still not sure if shared rate is applicable to family member joint tenants and if I could find this out, TA may not need to be changed.
Currently £71 PW each – liability is £850 PCM total.
Seems to have their interest in heart as well as his finances.

[Anonymous]

See the threads titled “New LHA guidance manual” and “Which LHA rate?” for recent discussion on family member joint tenants. I don’t really understand it myself, but it has been suggested that each JT in cases such yours could get the 2 room rate, subject to rent apportionment and the £15 cap.

[Author]

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