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Housing Benefit

Liable for 'rent'

  Housing Benefit  /  Rent Issues  /  Liable for 'rent'
Rent Issues: Liable for rent


KEY FACTS:

  • The general rule is that to be able to claim HB the claimant must be liable (i.e. has a legal obligation or duty) to pay 'rent'^ . 
    • This means that a lodger can claim Housing Benefit (so long as they come under one of the categories of people who can make a new claim for HB), but a non-dependant can't. Regulation 8(1) of the working age/pension age HB Regs 2006
       
    • There does not necessarily have to be a tenancy agreement in place for a liability to exist.
       
    • Some people can be treated as liable and so able to claim HB - so they do not need to be on any tenancy agreement.
       
    • And other people who do have an obligation to pay rent, can be treated as not liable so are not entitled to HB.
       
    • ^'Rent' includes: license charges, permission to occupy charges, use and occupation charges and mesne/violent profits and more - click here.
       
    • Sometimes the HB Office may question whether a claimant has the mental capacity to enter into a contract.

     
     

    Definition of Rent

    How is 'rent' defined in HB Regulations?

    Treated as Liable

    Who can be treated as liable to pay rent and therefore able to claim HB.

    Treated as not Liable

    Which claimants who are liable will be treated as not liable.

    Mental Capacity

    What about mental capacity?
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