Landlord offered a rent reduction

[Worried72]

Hi
I have private messaged a couple of very kind people and am patiently awaiting a reply, but just wondered if I could get more opinions on this, as I am extremely worried and heading for another mental breakdown with the stress.

I am disabled and on Universal Credit. I rent from my ex husband, at a four bed lha rate (since Aug 2020).

One vulnerable adult disabled child is moving out due to a breakdown in family relations. My lha rate will be reduced from 4 bed to three bed. (£1700 to £1100). There is no way I can afford that shortfall.

I’m convinced my child won’t manage living alone, so am keen to stay here as opposed to moving to a 3 bed. Also the house suits my disability eg the dining room downstairs has a bed for when my mobility and health are too bad and the downstairs toilet has plumbing for a shower, which I will need in the near future.

I’ve spoken to my landlord, he lives in another city and doesn’t want the hassle and risk of having the property empty, whilst finding new reliable tenants, as the demand for 4 beds in this area is low. He has offered to reduce the rent to £1400, so I pay £300 of the remaining shortfall myself.




would this be allowed or seen as a contrived tenancy ?




thanks in advance

[jpkeates]

If it is a contrived tenancy now, it probably was before.

If the landlord is the father of any of the children and they're young enough, it would be more likely to be seen as contrived.

The DWP are not known for their flexible and common sense approach.

[Worried72]

Thank you for getting back to me. The DWP are aware that I am renting from my ex husband,
I’m just worried about how the landlord offering to reduce the rent will be interpreted.
if my son moves back home, the rent would obviously stay at £1400
I have one non dependant student living at home and one room for an overnight carer.

[nukecad]

As the DWP are already aware that your landlord is your ex-husband then they have already considered the issue of a possible contrived tenancy and have obviously decided that this isn't one.

Nothing has changed/is changing that would bring it into doubt again.
(eg. If he moved in with you then that would bring it into doubt).

If they DWP had thought that it was a contrived tenancy then they wouldn't be paying you any UC Housing Element in the first place.

When the adult child moves out the DWP have calculated they you will then only be entitled to 3-bed rate LHA, and so that is what they will pay as Housing Element.

And the fact that your ex isn't reducing the rent to 3-bed LHA simply points up that this is not 'A contrived tenancy in order to claim benefits'.
It's a regular tenancy, and while your landlord is willing to help by reducing the rent he is still wanting more than 3-bed LHA.

Where, and even if, you make up any more rent required above LHA doesn't concern the DWP, and non-related landlords have been know to reduce rent in such circumstances.
(Mine did that about 10 years ago when I had to give up work and claimed Housing Benefit, my LHA rate was less than the weekly rent so he dropped the rent to match LHA).

There is another option that you don't seem to have considered, you could apply to your council for a 'Discretionary Housing Payment' to make up the £300 shortfall between LHA and the actual rent now being proposed.
Although these are discretionary I'd think you have a chance as your landlord is meeting you half way by reducing the rent.
https://www.gov.uk/government/public...using-payments

[jpkeates]

Thank you for getting back to me. The DWP are aware that I am renting from my ex husband,

IOn which case, I don't see why it should be a problem if the rent is adjusted in line with your new situation.

You're reducing the number of people in the property and reducing the amount you claim, just as you should.

[Worried72]

Thank you very much to everyone that has reassured me that I shouldn’t have a problem. I have an extreme anxiety disorder and this has been causing me great stres, on top of the issues with my son.