Ask an Expert for Private Landlords - Universal Credit Advice

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Our advisors include an ex-Head of Housing (Benefits, Revenues & Advice); ex Government Advisor on Housing Benefit; Tribunal Representative at First & Upper-tier Tribunal Having expert knowledge + 30 years experience, in this complex area of law, we offer advice & support to Private Landlords to ensure they learn about the changes; appreciate the likely implications for them and their tenants; and offer solutions designed to mitigate potential rental losses for both tenants & your business.

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Question - What is meant by the term "Whole month rule" and how does it typically apply?

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Question - How is the rent apportioned if there is a joint tenancy between 2 unrelated customers with rent shared on a "joint & several" liability basis?

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Question - Can DWP and Councils be forced to pay compensation for wholly avoidable rental loss experienced by landlords?

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Question - Is it true that the rollout has been suspended until 2020?

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Question - I rent rooms in shared accommodation to tenants on HB. It has always been my experience that tenants receive the shared room rate even if they are over 35. Could I prompt a change in circumstances, by increasing the rent, so that a tenant over 35 is moved to Universal Credit? Would under UC they be paid the one bedroom rate even though it is shared accommodation?

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Question - Where in the DWP guidance or regulations does it say tenants 35+ can be paid the 1 bedroom rate? In the past, HB Assessment Officers had to be shown this before it shared rooms and the over 35 rules were accepted. If the same is true of UC Assessment Officers, they may too need to be shown the appropriate guidelines.

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Question - This is timely as I have 2 new tenants due to sign up for one of my two bed properties. Please can you confirm :- 1. The two tenants are both over 35. They are not related or in a relationship etc they are just sharers. 2. The tenancy will be a joint tenancy based on joint & several liability basis. Also each have access to all parts of the property. 3. one of the sharers is on LHA and has resided in a hostel for homeless people for over 3 months. 4. Second Sharer is on UC has resided in a hostel for less than 3 months but is over 35. After reading the above I think I can set the rent at 2 x 1 bed rate. Even though the second renter has not been in homeless accommodation for over 3 month, because they are on UC and over 35 they will get the one bed as long as the rent is set a the correct rate and its in a full Service area ?

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Question - I was approached by a 22 year old wanting to rent a 1 bedroom apartment. The individual is in receipt of ESA as well as PIP and currently lives at home. My understanding is that because he receives PIP he would need to make an application for HB rather than UC and that he is will not be limited to the LHA rate meaning that he could claim the full payable rent. The individual's mother (currently his carer) contacted the local council and was told that he will only be able to claim the shared room rate. She later got a call back from the council and was told that in fact he will be able to receive an amount below the shared room rate (perhaps they treated his benefits as income which reduced their HB figure?). What level of housing benefits can he claim? Am I wrong in assuming that PIP allows an individual to claim the full rent?

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Question - Where a tenant is an alcoholic, who suffers from memory loss, and fits, and with very poor literacy skills, no computer skills at all, no computer, no smart phone (not even any sort of phone), and no internet, is there some way that he could nominate or appoint someone else to apply for UC on his behalf? The person has been homeless (no fixed abode) for around 24 years and is now moving in to a property, and although he is in the support group for ESA, the local authority refuse to accept a Housing Benefit application and they say he must apply for Universal Credit. – He is not capable of applying for Universal Credit so is there any exemption from this requirement, or any way I (private Landlord) could do this on his behalf?

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