Joint Tenancy With Daughter

PP88
PP88 Online Community Member Posts: 5 Listener
in Housing and independent living

Hi, I hope someone can help with this question as I can't seem to find a clear answer.

I am 60 and in receipt of UC with LCWRA so currently renting a one bedroom flat. My daughter is in receipt of UC and works part time. She has 2 children and the youngest has severe autism and in receipt of higher rate.

We would like to move in together for mutual help and as far as I've been told we would be responsible for 50% of the rent each as joint tenants. Although she would be using 2 bedrooms and I would be using one. I'm not sure how that works? Would I get the rate for one bedroom so we have to find a property that 50% is not higher than my Lha rate? Would I only get the rate for a shared accommodation which means we could not afford a 3 bed place?

I hope someone can help with these questions or point me in the direction where I can get reliable information.

Thanks!

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Comments

  • OverlyAnxious
    OverlyAnxious Online Community Member Posts: 4,379 Championing

    Hi,

    As you are over 35, your minimum LHA rate is one-bedroom.

    You will be responsible for 50% of the rent as a joint tenant, regardless of the number of bedrooms you use.

    If the rent costs more than your LHA then you can just top it up from your normal UC. You are not restricted specifically to properties that are less than the LHA.

  • PP88
    PP88 Online Community Member Posts: 5 Listener

    Thanks for replying. That makes sense but I was worried they will only give me the room in a shared house cap.

  • OverlyAnxious
    OverlyAnxious Online Community Member Posts: 4,379 Championing
    https://forum.scope.org.uk/discussion/comment/1029821#Comment_1029821

    My apologies, I have just checked and it looks like you are correct, the shared rate does still apply over 35 for people who are actually living in shared accommodation.

    There does appear to be a bit of a workaround with this. If you had two private rooms, obviously one being your bedroom, but also had a second bedroom or living room that only you had access to, then you may be able to claim that as a one-bedroom property for LHA purposes.

    Sorry I haven't really added any clarity to your question in this case. Hopefully another member will be able to advise more accurately.

  • PP88
    PP88 Online Community Member Posts: 5 Listener

    Thanks for the reply. It does seem unfair that I would only be allowed a shared rate for one room and my daughter would only be able to claim the same as my shared rate for her half. That would be impossible, given rent prices. I don't think a workaround would be possible but thanks for the suggestion.

  • Kimi87
    Kimi87 Online Community Member Posts: 5,601 Championing

    I would speak to a trained benefits advisor or possibly Shelter to get some clarity.

    https://advicefinder.turn2us.org.uk/

    https://england.shelter.org.uk/get_help

  • Girl_No1
    Girl_No1 Online Community Member Posts: 321 Pioneering

    In a national housing crisis, you'd think someone, somewhere, would join the dots and see this means a property being freed-up for use by someone in need?

    I know. I know. That would be far too practical and sensible!

  • PP88
    PP88 Online Community Member Posts: 5 Listener

    Thanks for all your help. Yes I think I would need to know from a trained advisor as the info out there is so confusing. I've tried Citizens advice but my local office has closed down and I can't get through on the phone.

    Even if they said I would get the one bedroom rate at a 50% joint tenancy, then my daughter would also get the same and I've seen some properties in that price range but if I only get the shared room rate then we can forget it.

    I agree they should join the dots and realise they would get a property vacant and my daughter would be paying a few hundred less than she is now!

  • OverlyAnxious
    OverlyAnxious Online Community Member Posts: 4,379 Championing
    https://forum.scope.org.uk/discussion/comment/1029896#Comment_1029896

    I'm not sure that would be correct. As your daughter has dependent children living with her she should be entitled to the 2 bedroom rate. She is entitled to her own bedroom. And will also be entitled to another private bedroom for the children. (Or 2 bedrooms depending on age & sex).

    There's also another potential workaround here. If your daughter takes on the full tenancy, and you become a 'lodger' for UC purposes. You would just need some sort of formal agreement to pay her X amount of rent each month and that should entitle you to the full shared rate of LHA.

    Definitely need to get some professional advice on this but I believe it won't be quite as bad as you're expecting with both only getting 50% of shared rate each.

    Please do let us know if you get some reliable advice as I'm sure there will be others in this situation in future.

  • PP88
    PP88 Online Community Member Posts: 5 Listener

    Hi and thanks for looking into it again. It's been impossible to get through to anyone at Citizens advice so far but will try UC again.

    As far as I can tell from the hours of reading, the options so far are to have a 50/50 joint tenancy or find a landlord who will split it into 2 tenancies which would apparently make it a lot easier. Or, as you said, my daughter is the sole tenant and sublets to me.

    I will definitely come back and update you all on what happens as it's so hard to find info on this.

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