Council tenants asking me to evict them so they can jump up the housing band list

[sammye]

I have a couple who are tenants of mine and rent a one bedroom flat. They have recently had a baby (Dec) and they said if I evict them at the end of the one year assured tenancy they will be able to move up the housing band. They are currently a C band and they want to move up to an A.

They are a nice couple and as much as I'd like to help them this really is housing benefit fraud surely!? I dont see why they should jump the list when there are others more in need. They have a home and get there rent paid for by the council. I believe they will be eligible to move when the baby is 1 year old.

On a selfish basis for me if I did evict them surely I would be participating in housing benefit fraud and also it would cost me because I would need to sort out new tenants plus new certificates in order to get a new 1 year assured tenancy.

Any views guys n' Gals!?

[Trenners]

I have a couple who are tenants of mine and rent a one bedroom flat. They have recently had a baby (Dec) and they said if I evict them at the end of the one year assured tenancy they will be able to move up the housing band. They are currently a C band and they want to move up to an A.

They are a nice couple and as much as I'd like to help them this really is housing benefit fraud surely!? I dont see why they should jump the list when there are others more in need. They have a home and get there rent paid for by the council. I believe they will be eligible to move when the baby is 1 year old.

On a selfish basis for me if I did evict them surely I would be participating in housing benefit fraud and also it would cost me because I would need to sort out new tenants plus new certificates in order to get a new 1 year assured tenancy.

Any views guys n' Gals!?

Hi Sammye,

Firstly - no-one is asking you to commit Housing Benefit fraud! The couple are fully entitled to their Housing Benefit and will continue to be entitled to their Housing Benefit whether you decide to help them or not and whether they decide to rent from you or not! None of this is fraudulent.

Additionally, now that they have a child, they are entitled to live in a 2 bedroom property - 1 bedroom for them and 1 bedroom for the child - which means that their Housing Benefit entitlement will actually rise from the 1 bedroom rate to the 2 bedroom rate.

I would imagine that your tenants would very much like to live in a 2 bedroom property (now that they are entitled to it) as it cannot be much fun sharing a bedroom with a young child all the time!

However - if the tenant's terminate the tenancy with you NOW then they make themselves "intentionally homeless" and this - in layman terms - means that the Council will not help to re-house them (because if they had not terminated with you then they would not need the Council's help to find another property).

If they were good tenants then I would move them to one of my OWN TWO bedroom properties as soon as possible because - at the moment - the Council are getting away with paying them REDUCED Housing Benefit (ie: the 1 bedroom rate when they are entitled to the 2 bedroom rate) and I would want to keep them as good long term tenants.

If they were bad tenants I would throw them out - with or without the baby.

To be pragmatic - these tenants are going to be leaving your one bedroom property as soon as they can find a landlord who has got a 2 bedroom property. You are going to have to look for new tenants when this happens and incur these costs. They are not going to raise their child for the next 18 years in your 1 bedroom place.

So what do I advise - I would serve them a Section 21 notice (so that they could get the Council's help to re-house them) .... and I would keep enjoying the rental income whilst I waited for the Council to help them BECAUSE that is what I would hope my landlord would do if I was in a similar situation.

Mark

[sammye]

Hi Sammye,

Firstly - no-one is asking you to commit Housing Benefit fraud! The couple are fully entitled to their Housing Benefit and will continue to be entitled to their Housing Benefit whether you decide to help them or not and whether they decide to rent from you or not! None of this is fraudulent.

Additionally, now that they have a child, they are entitled to live in a 2 bedroom property - 1 bedroom for them and 1 bedroom for the child - which means that their Housing Benefit entitlement will actually rise from the 1 bedroom rate to the 2 bedroom rate.

I would imagine that your tenants would very much like to live in a 2 bedroom property (now that they are entitled to it) as it cannot be much fun sharing a bedroom with a young child all the time!

However - if the tenant's terminate the tenancy with you NOW then they make themselves "intentionally homeless" and this - in layman terms - means that the Council will not help to re-house them (because if they had not terminated with you then they would not need the Council's help to find another property).

If they were good tenants then I would move them to one of my OWN TWO bedroom properties as soon as possible because - at the moment - the Council are getting away with paying them REDUCED Housing Benefit (ie: the 1 bedroom rate when they are entitled to the 2 bedroom rate) and I would want to keep them as good long term tenants.

If they were bad tenants I would throw them out - with or without the baby.

To be pragmatic - these tenants are going to be leaving your one bedroom property as soon as they can find a landlord who has got a 2 bedroom property. You are going to have to look for new tenants when this happens and incur these costs. They are not going to raise their child for the next 18 years in your 1 bedroom place.

So what do I advise - I would serve them a Section 21 notice (so that they could get the Council's help to re-house them) .... and I would keep enjoying the rental income whilst I waited for the Council to help them BECAUSE that is what I would hope my landlord would do if I was in a similar situation.

Mark

I hear what you are saying Mark but in fact they are not entitled to a 2 bedroom flat. They are only entiltled to this when the baby is one years old. They are asking me to make them homeless so they are made a priority and they can jump up from Band C to Band A. They are not homeless and they are asking me to evict them so that they can jump the queue on other people who are having to patiently wait.

[Trenners]

Hi Sammye,

I am not sure what the rules are re: getting on a waiting list for a Council House with 2 bedrooms at your local Council but, from a Housing Benefit perspective, they are entitled to 2 bedroom Housing Benefit payments as soon as the child is born. So,if they terminated with you and found a different landlord they would receive enough benefit to be able to afford to live in a 2 bedroom property.

It sounds like your local Council has a "the child must be 1 year old before they can apply for a 2 bedroom COUNCIL OWNED property" rule .... but that is not Housing Benefit related .. but seems more to be a local housing policy.

My advice, however, remains unchanged ..... I would help them out ....... and evict .... if for no other reason than they would dearly like to have a 2 bedroom property ... and you would be helping good tenants to achieve this wish!

Mark

[SPEEDTWIN]

My council used to wait until the child was 1 year old before giving the extra room allowance but now they are more flexible and give the extra room if the tenant is expecting. So i guess it depends on the council and how fexible they choose to be.

Also a couple with a baby in a flat if they dont work can cause condensation and mould problems because they have the heating on full and dont ventilate.

[Mortitia]

Out of interest Mark what is the 2 bed HB figure? I don't do HB tenants.

I think it unlikely that Sammye's tenants would ge a 2 bed council property but more likely one from a private landlord who takes on HB tenants. There seems to be a modern myth amongst the young that the coucils are flush with their own propterties.

To me it is a sad state when young people pro-create because they have no work and want to better their living conditions - I am making a couple of assumptions here but I'm sure we all know of youngsters who are in this situation.

On the whole I agree with Mark that they will move on to a 2 bed as soon as the higher benefit is available. Shame they can't be so astute about getting work.

Mortitia

[Trenners]

Out of interest Mark what is the 2 bed HB figure? I don't do HB tenants.

I think it unlikely that Sammye's tenants would ge a 2 bed council property but more likely one from a private landlord who takes on HB tenants. There seems to be a modern myth amongst the young that the coucils are flush with their own propterties.

To me it is a sad state when young people pro-create because they have no work and want to better their living conditions - I am making a couple of assumptions here but I'm sure we all know of youngsters who are in this situation.

On the whole I agree with Mark that they will move on to a 2 bed as soon as the higher benefit is available. Shame they can't be so astute about getting work.

Mortitia

Hi Mortitia,

The Local Housing Allowance (LHA) rate - also known as Housing Benefit - varies from postcode region to postcode region. You can check the rates for your local area by going to:

https://lha-direct.voa.gov.uk/Secure/LHARateSearch.aspx?SearchType=PostCode

Note: As part of the Government austerity measures - housing benefit rates are being reduced from April 2011. All NEW tenancies created after that date will have the new rates applied.

Typically, benefit rates are falling by about 5% per annum as from April 2011.

In Swindon, where I am based, a 2 bedroom property used to achieve £575pcm benefit, this has reduced to £550pcm now and will reduce again to £525pcm after April 2011.

Mark

[Melboy]

Hi Mortitia,

The Local Housing Allowance (LHA) rate - also known as Housing Benefit - varies from postcode region to postcode region. You can check the rates for your local area by going to:

https://lha-direct.voa.gov.uk/Secure/LHARateSearch.aspx?SearchType=PostCode

Note: As part of the Government austerity measures - housing benefit rates are being reduced from April 2011. All NEW tenancies created after that date will have the new rates applied.

Typically, benefit rates are falling by about 5% per annum as from April 2011.

In Swindon, where I am based, a 2 bedroom property used to achieve £575pcm benefit, this has reduced to £550pcm now and will reduce again to £525pcm after April 2011.

Mark

I have a 2 bed semi in West Swindon (good location) Mark which is rented out privately for £530 and has been for at least 3 years on that rental income. So it is not such a unrealistic price in the big scheme of things for the future cuts in LHA.

I would have said that £575 for a 2 bed in Swindon was very optimistic and I can fully understand why that rate has come down especially when you look through the local papers for the rental properties available in the Swindon area....BUT I have to say like in all towns and cities they have their good and bad area's and location of your rental property governs what you can hope to achieve by way of rental income.

[Mortitia]

Thanks for that info Mark I will check my LA out.

I can see that HB landlords will take quite a drop. I am charging £550 for a 1 bed house in Poole. Quite a difference but like I said before I don't do HB tenants.

Mortitia