Terms & Conditions

[traceyf]

A claimant owns 70% of the property the other 30% is owned by Railway Housing He has applied for benefit on the remaining 30% however, the charge does not have any rent element and is only made up of services charges for various items
Can we pay
Thanks any help appreciated

[Anonymous]

No – Reg 12(2)(c) of the HBR 2006 states that you cannot pay rent allowance in respect to payments by an owner, and makes no distinction between service charge payments and any other payments.

[Bobkirkpatrick]

Sorry, Andy, but you’re wrong – Reg. 12(2)(a) says that a rent allowance shall not be payable in respect of “payments under a long tenancy except a shared ownership tenancy granted by a houisng association or a housing authority”.

I’m surprised that there is no rent being charged by the landlord, but even if that’s the case the service charge, subject to the usual provisos, will be eligible. Presumably he stands to fofeit his lease if the charges aren’t paid, in which case payment of the charges is a condition on which the right to occupy the dwelling depends.

[Anonymous]

Hands up, missed the fact that the co-owner was some form of housing body. But can it be a long tenancy if there is no consideration?

[Kevin D]

Some miscellaneous thoughts….

Payments under a shared ownership are potentially eligible, but payments under a co-ownership scheme are not eligible.

As an aside, if the “ownership” is leasehold, then it’s back to the argument that the person is not an owner for HB purposes.

Regards

[Author]

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