FOR JOMO 1972
what further information do you require??
my daughter receives some housing benefit which only covers some of the rent. Her mother who is her landlord only makes her pay rent equal to the amount of housing benefit she receives. She should pay the top up out of her income but she cannot normally afford to do this.The council have suspended her housing benefit until she can provide proof that she pays the top up.
My question is can the council insist that she pays a top up and if she did have they any legal right to see evidence of this.?
It would appear that the council are discriminating against my daughter because she is related to her landlord as my understanding is that a landlord can charge a tenant what ever rent is agree with the tenant, in this instance the rent charged is exactly equal to the a amount of housing benefit my daughter receives. Can we tell the council that they are acting unlawfully/
FOR MOJO 1972
I am sorry but what is the AST? I also do not understand your question
" refer to a some which includes the top up" ???
Yes the original AST showed a rent at a higher level than the housing benefit being paid and taken as rent.
However there was no mention/ reference on the AST of any top up payments.
I deal with these matters on my wife's behalf and I have assumed that the rent can be changed up or down as agreed between the landlord and the tenant throughout the life of the AST.
I am sorry but I do not understand. You say "reliant upon the declaration that she will pay top ups" My daughter never made a declaration that she would pay top ups. My question was can the council insist that she pays a top to the full value of the original rent on her AST.
Are we not entitled to change the rent value on a AST?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).