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HB recepient discovers his name on a joint Leasehold!
U-Oh, heres a complicated one,(well for me anyways) would be grateful for any answers. It pertains to Housing Benefit Law and Property Law.
Some years ago, (circa early 2000s) X lived with his girlfriend in a leasehold property that was solely in her name. From the time he moved in to the time he left, he always paid set monthly contributions towards the mortgage and at some point, for the purposes of raising debt (aka credit) X`s girlfriend added his name on to the mortgage and on the leasehold.
Debt obtained, X was shortly afterwards removed from the mortgage.(and he presumed, from the leasehold) Fast forward apx. 7 years, X and his girlfriend split up and he moves out, 3 years after which he was made redundant and started a Housing benefit Claim.
Yesterday, Xs ex (shouldve used a different letter!) asks him to sign some papers so she can Remove his name from the leasehold as she wants to sell up and emigrate.
X was shocked-he had no idea he was still on the leasehold,he remembered signing some papers few years back and assumed it was all taken care of. -
NB since he is a HB recepient it would mean that (unwittingly) he had provided wrong info to DWP, Council (not to mention his creditors.)
Add to this: The freehold owners of the leasehold property are the same council that pays his HB.
The 2 questions from this is :
1) In Property Law Does X have a monetary (a small relative %) right to proceeds of the sale- If so, (in Housing Benefit law) will the Council not insist he claims his right-since this amount could see a reduction or even an end to his HB entitlement.? (He personally has no interest in claiming anything)
2) Would an affidavit from his ex be adequate to show that in providing wrong info to Council and DWP up to this point he was blameless, and remove any doubt of fraud on his part. (can it be considered 'reckless' to not double-check independently that your name has been removed from title deeds?)
Any points for clarification let me know- any assumptions I have made in error please correct, thank you for taking the time to read this-and double thanks to any answers.
Some years ago, (circa early 2000s) X lived with his girlfriend in a leasehold property that was solely in her name. From the time he moved in to the time he left, he always paid set monthly contributions towards the mortgage and at some point, for the purposes of raising debt (aka credit) X`s girlfriend added his name on to the mortgage and on the leasehold.
Debt obtained, X was shortly afterwards removed from the mortgage.(and he presumed, from the leasehold) Fast forward apx. 7 years, X and his girlfriend split up and he moves out, 3 years after which he was made redundant and started a Housing benefit Claim.
Yesterday, Xs ex (shouldve used a different letter!) asks him to sign some papers so she can Remove his name from the leasehold as she wants to sell up and emigrate.
X was shocked-he had no idea he was still on the leasehold,he remembered signing some papers few years back and assumed it was all taken care of. -
NB since he is a HB recepient it would mean that (unwittingly) he had provided wrong info to DWP, Council (not to mention his creditors.)
Add to this: The freehold owners of the leasehold property are the same council that pays his HB.
The 2 questions from this is :
1) In Property Law Does X have a monetary (a small relative %) right to proceeds of the sale- If so, (in Housing Benefit law) will the Council not insist he claims his right-since this amount could see a reduction or even an end to his HB entitlement.? (He personally has no interest in claiming anything)
2) Would an affidavit from his ex be adequate to show that in providing wrong info to Council and DWP up to this point he was blameless, and remove any doubt of fraud on his part. (can it be considered 'reckless' to not double-check independently that your name has been removed from title deeds?)
Any points for clarification let me know- any assumptions I have made in error please correct, thank you for taking the time to read this-and double thanks to any answers.
