D4109125 wrote:sonub4ualt wrote:D4109125 wrote:sonub4ualt wrote:Hi,
I am posting this on behalf of my friend.
He stay's in a two bedroom property.
He has not paid the council tax as he just realised that his owner is taking disability allowance on this property and he is not entitled for council tax. He is staying there since last July 2012 and was not aware of this.but when asked to his owner to let council know about this, he said he will let them know by this June 2013 as he will have to pay the tax for the whole year.
My question's are
1. His earning's are 1300 after tax and have his wife and child with him, Is he eligible for housing benefit
2.As his owner is getting disability allowance on this property and not paid council tax till now, will this effect his application of housing benefit.
3.His owner will be registering him for council tax from April 2013 and create a new tenancy agreement from April 2013, will he be in a problem while applying in regards where he was staying before April 2013 (his owner is going to tell the council that we have moved in this property form April 2013 not July 2012 as the owner will be in problem) but his bank statements are from July 2012 on this address.
4. He have sub let the property to meet the financial requirements, is this going to effect his application.
Please suggest me the options available for him.
Firstly, what is the immigration status of your friend and his wife?
Secondly, they need to establish who is responsible for the council tax liability, that would appear your friend and his wife unless the owner is living with them?
Thirdly, if they are liable for council tax they will possibly be committing fraud by saying they have just moved in.
Does the landlord live in the same house that is being let?
They both will be eligible for ILR in july.
Their owner is not staying with them, when they asked the owner to let the council know that they are staying in the property since last July 2012, he did not agree as he would be in a problem and he asked them to leave the property if they wish.
Their main concern is,they will be applying for ILR in july, and changing the address again and again would not be a good sign as he recently applied for his tier 1 2nd extension on this address and has got all the co hab proof's on this address.
Now he does not know what to do with housing benefit.
Should he stay at the same property or move in to a new property and pay council tax. He is concerned about this property as on the application form it clearly asks if the applicant has moved in to a different address in the past twelve months.
Sub letting is again one more concern on this property which he has done with out the knowledge of effect on his housing application.
If they are both subject to immigration control as you are implying they cannot claim any public funds as that will breach their immigration restriction and could prove disastrous for their settlement.
If they are liable for council tax and have not paid and knew about the scheme the landlord was creating they are committing fraud. They can't just keep moving around in an effort to escape paying council tax. They should pay what they are liable for, continue where they are and don't think about claiming public funds until they're not subject to immigration control - settled/ILR. I hope they are not claiming child benefit and tax credits for their children?
Poor Guys!!! They were not aware of all this stuff, especially about council tax. The landlord is a private dealer and he didn't tell them that the house has been registered as social housing. When asked about the proof, is the time he realised that the landlord is not paying council tax for this property.
Now he says he is stuck because, he has been living at an address which is registered as social housing and he cannot move to a different address, as he has got all the cohab proofs on this address. Hence, I think he cannot claim housing benefit on this property. The landlord is not helpful at all.
So what are his options, I mean should he inform the council and pay the council tax, If he does so then also he will have to leave the property as he would b going against his owner, or should he move to a new property, pay council tax and apply for housing benefit.
Currently they r not claiming any benefits.
