An 'untidy tenancy' is one in which a joint tenant(s) has left the property and is not paying rent, if for example, a relationship has broken down, but the landlord is unable to remove them from the tenancy for legal reasons.

Examples cases are:

• Relationship breakdown

• Domestic Abuse

• One party going to prison

• Death not reported

• Family member moving out to live somewhere else

Universal Credit & Housing Benefit

Universal Credit & Housing Benefit would normally divide the rental liability equally among joint tenants when calculating housing costs. 

This would mean that the joint tenant left living in the property will only receive 50% housing costs.

Under housing benefit and universal credit provisions full housing costs can be reinstated by stating the 'untidy tenancy' rules. You will need to supply evidence in support, such as:

• Date the joint tenant moved out 

• Reason for the joint tenant moving out

• Evidence of the date moved out and the reasons

• The absent tenant's new address if known

• If applicable, confirmation from your landlord that they will not remove the joint tenant's name

Once an untidy tenancy has been accepted, you can request to have full housing costs backdated. 

For universal credit, you will need to follow the Mandatory Reconsideration process.

For housing benefit, you will ned to follow the housing benefit revision process.

Although there are time limits to follow for each of the above backdating requests, backdating can still be successful out of time if there were mitigating circumstances for not having applied sooner. It is always worth applying for backdated full housing costs.

Firstly, the law on joint tenancy abandonment is not straight forward and many landlords take a cautious approach to removing someone's rights to return to a home they once occupied. Landlords usually insist on the resident joint tenant obtaining a court order for this reason.

Secondly, if there are rent arrears, these are likely to be joitn and several liablity and by keeping the absent joint tenant on the tenancy, the Landlord is able to enforce the debt through two parties to maximise their chances of getting the rent arrears repaid.