Husband is tenant, wife claiming LHA

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    Husband is tenant, wife claiming LHA

    Just a quick question.

    I have a tenant where the husband is the sole signatory on the AST, He is married (or partnered, I don't really know). He is completely up to date with rent.

    I've been asked to sign a form to initiate a claim for LHA but it's his wife's name on the form.

    Is that OK or must it be him that starts the claim?
    I offer no guarantee that anything I say is correct. wysiwyg

    #2
    I guess a lot depends on what the form says - I certainly wouldn't sign anything that said she had a rent liability, for she doesn't.

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      #3
      Just what I thought Snorkerz. It doesn't help that she is using her own name for the claim either, maybe Hungarians don't take their husband's names when married. Either way, I've contacted him and explained that we need to get it right first time, they can either make the tenancy a joint one or it must be him that makes the claim.
      I offer no guarantee that anything I say is correct. wysiwyg

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        #4
        If a joint tenancy were set up simply so she may claim HB/LHA when until now she had not been paying rent (as far as you know) it would surely be a "contrived" tenancy set up simply to exploit the benefits systems.

        We don't want benefit cheats here, wherever they are from, any more than we want tax avoiders like a well known coffee chain or a Duchy in the far west with wingnut connections.

        Thing if you set up a tenancy to do this and HB found out they'd want their money (err... our money..) back... and some might suggest a fraudulent act had occurred ..
        Apologies to anyone offended..
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          I'm not offended, why should I be? The point is they could have had this AST as a joint tenancy in the first place, I didn't think to offer it as one. They both viewed the place and the husband signed. I simply think that they don't realise the differences that only one of them is the tenant and the other is a permitted occupier, actually two permitted occupiers now since she will have had her baby by now. We'll straighten it out.
          I offer no guarantee that anything I say is correct. wysiwyg

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            #6
            Originally posted by jta View Post
            It doesn't help that she is using her own name for the claim either, maybe Hungarians don't take their husband's names when married.
            My cleaning lady is Bulgarian and her surname is his with an 'A' on the end. E.g. Mr Smith, Mrs Smitha. Dunno about Hungaria.

            The whole thing sounds to me less like fraud than just not understanding how the system works. It could well be that Mr Smith traditionally leaves such things as benefit applications to Mrs Smitha.

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              #7
              Originally posted by westminster View Post
              My cleaning lady is Bulgarian and her surname is his with an 'A' on the end. E.g. Mr Smith, Mrs Smitha. Dunno about Hungaria.

              The whole thing sounds to me less like fraud than just not understanding how the system works. It could well be that Mr Smith traditionally leaves such things as benefit applications to Mrs Smitha.
              If it helps, I had a married Hungarian couple as tenants a couple of years ago. Mr D and Mrs S. It seems that the woman keeps her own surname on marriage.

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                #8
                Can't see the problem, any person can initiate HB claim & provide address/LLsa name for rented property. LA would then normally contact LL in writing to confirm applicant validly resides at property. They may ask applicant or LL to provide copy of valid Letting Agreement.
                You appear happy with T (& partner)and partner's request has made you aware of the pot HB application.
                I would not be party to initiating any claim, but provide support if reqd. eg ensure T has copy of AST for Council, provide a letter to confirm that to the best of your knowledge <Ms Hungaria> resides at <address> as wife/partner of the Tenant named on the Lease.
                Let HB do their usual checks to validate claim. Respond to any written requests from LA for further details

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                  #9
                  I spoke to him last night, he saw the problem. He's going into the council office to clarify it and get a new form.

                  The council want this initial form completed properly before they will start a new claim. I presume to just check that there is an AST in existence. (He does have his copy of course)
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment

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