New tenant - terminal illness

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    New tenant - terminal illness

    Hi again

    My flat will be vacant in a few weeks. A tenant from the flat next door, really really wants to move into my place as it's bigger and being refurbished.

    Unfortunately, he has terminal cancer and has been told he has 2-3 years "left"

    I know his landlord and he has confirmed that the tenant is good and not in arrears.

    Tenant receives full housing benefit, which is paid directly to the landlord.

    I'm happy to take him on but as he has a terminal illness, how easy and quick is it to get my property back once the inevitable happens?

    Also, he says his son stays over a lot as a carer but doesn't want him on the tenancy agreement. (I think the son lives with him full time)

    What happens it the son refuses to leave once tenant has passed away?

    I want to help the tenant out and at the same time hopefully have a hassle free tenency for a free few years but is this all a bit too messy?

    Should i stay away from this all together?


    If the son is employed you could put him on the tenancy agreement. If the son is his next of kin you could ask for his contact details including his address just in case.

    If the son isn't on the tenancy agreement he won't have any rights to the tenancy.

    If the rent is paid direct to you and the dad hasn't told the benefits dept that the son is there and his HB is affected you might well be asked to pay it back.

    Moving house will trigger a change from housing benefit to UC housing element and this could cause a delay in getting your rent.

    Your mortgage provider might now allow unemployed and your insurance might be affected.


      Originally posted by Berlingogirl View Post
      Moving house will trigger a change from housing benefit to UC housing element and this could cause a delay in getting your rent.
      Not in this particular case.

      A tenant who is already claiming Housing Benefit and who moves to a different property within the same Local Authority area can keep claiming HB with that Local Authority, it is simply a change of address (and possibly rent amount) to an existing HB claim.

      If is only if they move to a different Local Authority that it becomes a new claim, and as all other new claims that has to be for Universal Credit.

      The Housing Benefit Circular A7/2018 states this clearly if you are having trouble with the LA: (my bolding)
      9. If an existing HB claimant moves home within the same LA area, a new HB claim is not required and LAs may continue to award HB based upon the change of circumstances. A claim to UC is not needed if the claimant moves house within the same LA area.

      10. It is only when a claimant moves out of the LA boundary that an HB award ends and a new HB claim would have to be made but is prevented by the UCFS rules. This means that a UC claim must be made for housing costs instead.


        nukecad: I stand corrected


          It's something that comes up quite a bit on the disability forum, so I've got it down pat by now.

          The problem comes when council staff don't know about it and insist that you have to claim UC if you move house.
          Pointing them to that circular does the trick, which is one reason why the government issues those circulars to tell council staff how they should be doing things.
          (It was a bugger trying to explain it using the actual legislation, that circular made things easier).


            It sounds like it could be a headache, firstly in starting the new claim and secondly, once the tenant has passed away.

            I'll probably stay away from the situation

            Thanks for your input


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