Entitlement to Housing Benefit/UC Housing Costs only for part of the week.

by Guest Tue Jul 02, 2019 6:37 pm

Hi,

at the moment I'm receiving legacy IB-JSA and Housing Benefit.

I had a long-term plan of buying a motorhome and moving in it, at least for a few days a week, whenever I'd have a job, but this is not happening yet, so...

My plan now is to:

1) buy a crappy van or motorhome or maybe a large car;
2) Renegotiate my living arrangements with my landlord. He could rent me the room for part of the week (3-4 days) and reduce the rent. The money saved would go into maintenance of the van.
3) inform the council that my arrangements have changed but still get the same amount of HB (because I pay way more than the Housing Allowance).

I wonder if this is legally possible.

My landlord would be ok with giving me a declaration saying " Mr Miguel lives here at 123 Miguel Road and pays XXX a week", but is he then compelled to specify that the rent doesn't cover the whole week?

(The Council would probably never know or not care, but I want to be on the safe side)

My understanding is, both for JSA and UC, that the housing costs are paid only if the accommodation is considered a permanent accommodation and not temporary. But it the accommodation is partial, but regular, would that still be considered permanent?

I've checked in both the JSA and UC decision makers guides and also on my Council's website, but I haven't found a definite answer. It looks like this is grey area.

As usual, any contribution is welcome.

by Non Deficere Wed Jul 03, 2019 7:21 am

To reduce the rent the Landlord would have to classify the property as shared.

https://england.shelter.org.uk/housing_advice/benefits/local_housing_allowance_lha_for_private_renters

You would need to notify DWP when you are away from home.

by Guest Wed Jul 03, 2019 9:17 am

Non Deficere wrote:To reduce the rent the Landlord would have to classify the property as shared.

https://england.shelter.org.uk/housing_advice/benefits/local_housing_allowance_lha_for_private_renters

The property is already shared. I only rent a room. I'd only use the room for a few days a week and he'll rent it to somebody else the other days.

Non Deficere wrote:
You would need to notify DWP when you are away from home.

?? How does it work in practice? Doesn't the DWP only need a correspondence address? Do I have to notify the DWP every single week?

In other words, is my plan feasible?

by Non Deficere Wed Jul 03, 2019 9:40 am

I would say the hardest part is getting the landlord to agree. Finding another tenant for part of a week might prove very difficult.

It is a small risk not notifying DWP. A relative of mine visted a girlfried overnight, his landlord notified DWP that the tenant was away from home and a fraud investigation was instigated.

You would also need to inform HB of your change of circumstances with an explanation.

by Guest Wed Jul 03, 2019 11:54 am

Thanks.

Non Deficere wrote:I would say the hardest part is getting the landlord to agree. Finding another tenant for part of a week might prove very difficult.

That's not a problem. He can sell the room on a daily basis. He owns the building and he has no problems finding somebody for the weekend.

Non Deficere wrote:
It is a small risk not notifying DWP. A relative of mine visted a girlfried overnight, his landlord notified DWP that the tenant was away from home and a fraud investigation was instigated.

When you saying "notifying the DWP", what should I tell them? As long as I'm on JSA, only the Council is concerned with HB, which leads to the next question:

Non Deficere wrote:
You would also need to inform HB of your change of circumstances with an explanation.

Yes, that's what I'd like to do. Would they accept to pay for HB if I stay for part of the week?

Sorry for being thick, ND. I just want to be on the safe side.

by Non Deficere Wed Jul 03, 2019 4:29 pm

Miguel1975 wrote:Thanks.

Non Deficere wrote:I would say the hardest part is getting the landlord to agree. Finding another tenant for part of a week might prove very difficult.
That's not a problem. He can sell the room on a daily basis. He owns the building and he has no problems finding somebody for the weekend.

That is good news. You now need to ask what the rent will be for 5 days.

Non Deficere wrote:
It is a small risk not notifying DWP. A relative of mine visited a girlfried overnight, his landlord notified DWP that the tenant was away from home and a fraud investigation was instigated.
When you saying "notifying the DWP", what should I tell them? As long as I'm on JSA, only the Council is concerned with HB, which leads to the next question:

Form ES674CJP, gives details of the action to take when a claimant notifies Jobcentre Plus of an absence from home for any reason and is designed to help people in Jobcentres.
http://data.parliament.uk/DepositedPapers/Files/DEP2013-1942/Labour_Market_Conditions_Guide.pdf

Non Deficere wrote:
You would also need to inform HB of your change of circumstances with an explanation.
Yes, that's what I'd like to do. Would they accept to pay for HB if I stay for part of the week?

The room is your permanent residence, so HB would be payable. If you went caravaning every weekend your rent would still be paid. In your case you are looking for work.

Sorry for being thick, ND. I just want to be on the safe side.

by Guest Wed Jul 03, 2019 7:47 pm

Thanks ND.

But a few things are still not clear (I said I was thick):

1) The Form ES674CJP is the one to report holidays while actively seeking work. Does it mean I'd have to send one form each week? This would be a nightmare. I'd still be actively seeking work anyway even if I was living in a motorhome, because I'd still have Internet and phone connection. Please can you clarify this thing.

2) What if I just contacted the Council, sent my new agreement with the landlord and simply stated that my rent has gone down from £xxx to £yyy? Would it be that simple?

by Non Deficere Wed Jul 03, 2019 9:07 pm

Miguel1975 wrote:Thanks ND.

But a few things are still not clear (I said I was thick):

1) The Form ES674CJP is the one to report holidays while actively seeking work. Does it mean I'd have to send one form each week? This would be a nightmare. I'd still be actively seeking work anyway even if I was living in a motorhome, because I'd still have Internet and phone connection. Please can you clarify this thing.

The new form is called a 'going away from home' form. You are meant notify DWP if you are not at your home address even if it is for a short period. Alternativley, you could make a declaration of you new circumstances and that you can be contacted by phone/email to show you are available for work. You will have evidence of your jobsearch actvities.

2) What if I just contacted the Council, sent my new agreement with the landlord and simply stated that my rent has gone down from £xxx to £yyy? Would it be that simple?

Yes.

Have you calculated how much better off you would be?

by Guest Thu Jul 04, 2019 8:55 am

Non Deficere wrote:
Miguel1975 wrote:

2) What if I just contacted the Council, sent my new agreement with the landlord and simply stated that my rent has gone down from £xxx to £yyy? Would it be that simple?

Yes.

Have you calculated how much better off you would be?

I wouldn't be much better off, but at least that would legalize my situation.

If you think this is feasible. I'll go ahead and talk to my landlord, once I've bough the van.

by Martin78 Fri Aug 02, 2019 12:18 pm

You might find some help here;
https://www.reddit.com/r/vandwellers/comments/2t6abj/how_viable_is_vehicle_dwelling_in_the_uk/

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