Liable for rent

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People from Abroad

Rent Issues: Liable for rent

KEY FACTS:

The general rule is that it is only a person who is liable to pay 'rent' (has a legal obligation or duty) who can claim HB. HB Reg 8 para 1(a).
This means that a lodger can claim Housing Benefit but a non-dependant can't.
There does not have to be a tenancy agreement in place for a liability to exist.
'Rent' includes: license charges, permission to occupy charges, use and occupation charges and mense/violent profits - click here.
Some people can be treated as liable so able to claim HB - so they do not need to be on the 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.
Sometimes the HB Office may question whether a claimant has the mental capacity to enter into a contract.

NOTE: Many people are not able to make a new claim Housing Benefit and need to make a claim for Universal Credit instead - click here for more details.