Rental liability

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    We have a couple that have taken on a buy-to-rent tenancy. It is a joint tenancy.

    The claimant has moved into the property and has claimed for Housing and Council Tax benefit. The partner lives in his own home elsewhere, but intends to move into the property at a later date.

    We have assessed the claim based on 50% of the liability as the landlord has confirmed that the couple are jointly liable and he thought the partner would be moving into the property straight away.

    The claimant has confirmed that the partner will not be moving in within the near future as she has just split from a 10-year relationship and has 2 children. The partner does not take any parental responsibility for the children and does not help pay towards the council tax, rent or bills.

    We have bank statements showing that the rent payments are paid directly from the claimants account, and do not show any other money coming in other than earnings etc.

    The claimant has appealed against the decision we have made. However, I am not sure if we have made the correct decision.

    Could Regulation 8 of The Housing Benefit Regulations 2006 apply to this case?


    Kevin D

    Definitely 100% liability based on the circs given.


    Agree with Kevin, claimant is solely liable for the rent.


    If one partner moves out we don’t make the remaining partner 50% liable.

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