Untidy tenancy on Uc.

redroses91
redroses91 Online Community Member Posts: 39 Contributor
in Universal Credit (UC)
My ex partner is moving out but Is still on the private tenancy agreement (he has a new tenancy somewhere else). I am scared to tell the landlord he is moving out as I am on benefits and have 2 children and fearful he could offer me a section 21. 
I could afford the rent if he moved out and it wouldn’t be a problem. Uc are asking for a copy of the tenancy agreement or a covering letter as the estate agent and rent amount has changed. I believe this whole situation is something called untidy tenancy. 
Will they contact the landlord? If anybody has any advice on this situation on what to do I’d be really grateful. 
Thanks. 

Comments

  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    They got rid of the phrase ‘untidy tenancy’ and now refers to an absent joint tenant case.
    See guidance here
    https://data.parliament.uk/DepositedPapers/Files/DEP2022-0860/083._Joint_tenancies_V8.0.pdf
    UC should treat you as solely responsible for the tenancy each the other tenant has moved. It is not necessary to get the tenancy changed.
  • redroses91
    redroses91 Online Community Member Posts: 39 Contributor
    Thank you for the information @calcotti
    Do they contact the landlord for evidence or can I provide a covering letter and tell them I do not give them permission to contact the landlord. ?? 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    If you already have a tenancy agreement there's no need for them to contact your landlord.
  • redroses91
    redroses91 Online Community Member Posts: 39 Contributor
    Work couch put in the journal “ you will need to remove his name from the tenancy agreement otherwise then we will only pay your half for you”. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    redroses91 said:
    Work couch put in the journal “ you will need to remove his name from the tenancy agreement otherwise then we will only pay your half for you”. 

    That's not correct. Did you read the link calcotti posted above? It says..

    Absent joint tenant - only one joint tenant resident
    Where the claimant has a joint tenancy but is the only joint tenant living in the
    property, the claimant is treated as liable for the total rent.

  • redroses91
    redroses91 Online Community Member Posts: 39 Contributor
    @poppy123456 Yes I did read the link I’m just quoting what my work coach has said. It’s so frustrating when they don’t give you the right information. 
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    edited March 2023
    redroses91 said:
    @poppy123456 Yes I did read the link I’m just quoting what my work coach has said. It’s so frustrating when they don’t give you the right information. 
    Work Coaches are often incorrect. Refer them to the guidance I gave you (that guidance is DWP guidance lodged in the House of Commons).

    I think it is the Case Manager rather than the Work Coach who should deal with the absent joint tenant decision.
  • redroses91
    redroses91 Online Community Member Posts: 39 Contributor
    Thank you so much @calcotti I will refer the guidance to them. 
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,922 Championing
    Have you managed to do this yet @redroses91 and, if so, how did this go for you? Please feel free to keep us in the loop with how things are for you and if there's anything else we can do to support you  :)

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