Only one tenant but two residents- effect on HB/LHA?

[Aljan]

Hi folks,

We're not professional landlords and have just been renting out our house whilst travelling/working away.

Our tenant of approximately 18 months has now advised us that his partner and step child have moved in. He has also asked if we could change the tenancy over to her name, we think this may be in order to claim housing allowance in her name. We would like to keep him as a tenant, but if we change teh contract to her name knowing that he is continuing to live there, are we assisting in benefit fraud? Is it our responsibility?

Also wondered where we stand generally on having people living there who are not on the tenancy agreement, are we leaving ourselves open to problems?

Thanks for any help.

[Poppy]

If you are considering this person, definitely you want to reference and credit check all prospective tenants. When the results are known, make an informed decision at that point. Do not feel bullied.

On the other hand, If you are happy with the existing tenant and the status quo, then you should not accept his partner as a tenant. Tenants are allowed to have guests or lodgers without referring to their landlord. Let her make her own arrangements or find her own property to rent.

Keep it simple.

[MaryQK]

As Poppy has advised, do a credit/reference check on the partner - if satisfactory, you could add her name to the tenancy - but i do not see why you would have to take your original tenant's name off if he is living there as well. You could have a joint agreement.

[Michael Clayton]

I do not see a problem as far as Housing Benefit (HB) is concerned.

If the man is claiming HB already, it is in his own interests to declare a change of circumstances as this may be advantageous to his entitlement.

If she is working (has additional income) this may mean a reduction in HB entitlement. However, it is his responsibility to inform the HB department.

Also, if she does assume the status of tenant, and she does make a new HB application, the HB department will notice any existing claims at the property. In the worst case, she may try to claim as a lone-parent. Again, it is not your responsibility for telling the HB office. However, I would suggest that you are morally obliged (if not legally bound) to tell HB if you suspect there is something amiss.

You will only ever have third party involvement as far as HB is concerned.

[Aljan]

Thanks everyone, that just clarifies a few things.