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UC and two properties questions

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1 week 3 days ago #313173 by Explorer
UC and two properties questions was created by Explorer
We (a couple and 3 children) were on Tax credit and moved to UC with migration letter so received transitional protection. On the time of moving to UC we had two properties (one we were living in and other was on rent with tenants in). UC disregarded the other property for 12 months. When 12 months were about to finish we put the other property on sale and UC gave us 6 months to sell. We had couple of offers but those were low and could not sell the property in provided 6 months. When these latest 6 months were about to expire we created an internal door between these two properties (these two properties were next to each other sharing the wall between them) and started using both properties as one household.
So we informed UC that there were couple of offers but were low, the property is still on sale and in the mean time we have created an internal door between them and using both as one household (main primary house). But UC has closed the claim stating due to have capital more than 16000, we don't have any cash savings it is obvious due to other property they have closed the claim.

I have been reading about UC rules, some where it states that if the property does not sell in 6 months UC can allow another 6 months, but in our case they did not allow another 6 months

Also it states somewhere I read that, they don't take into considerations of your main primary house, in our case since we are using both houses as one household (in other words we have merged two houses into one by creating an internal door), in this case they can not take other house as capital.

I have two options here to fight our case with them, which base is more stronger than the other please.
Option one: I should request them to allow an other 6 months to sell the property since it is still being advertised by estate agent
Option two: In the mean time we have created an internal door and using both as our main primary residence.

Please advise and thank you in advance

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1 week 3 days ago #313178 by David
Replied by David on topic UC and two properties questions
Hi Explorer

If life could be so straightforward.....You will need approval from the Land Registry and the VOA. You will then get a Council Tax rating for the new property but only if the amalgamation is approved.
You really need specialist legal advice about this. But at present it appears the DWP is correct.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 days 21 hours ago #313271 by Explorer
Replied by Explorer on topic UC and two properties questions
Hi, Thank you for your comment.

Before creating the door between two properties, we had applied for full planning permission to local council, council stated no planing is required and as optional they suggest us certificate of lawful development which we have.

Also we have documents from Council building control, which oversee the work while creating internal door between two properties.

Before starting any work, I was also under the impression that we have to physically and legally merge two properties into one in order to satisfy UC. Physical means creating an internal connecting door or knocking a full wall and legally mean in land registry we have to merge the title deeds into one plus have to change the two house numbers into one.

But I have been reading UC rules about household/main primary house, they don’t talk about any physical or legal merge at all, in fact there is no such condition.

As suggestion to strengthen the case some web sites suggest internal door and title deed merge.

H2030 read it here, assets.publishing.service.gov.uk/media/6...h%2010%2C%20para%207.

Please advise

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5 days 3 hours ago #313295 by David
Replied by David on topic UC and two properties questions
Hi Explorer

The point I am making is that it is nothing to do with UC. It is the VOA/Land Registry who decide if the property now constitutes one new self contained unit. If succesful you will be notified and receive just one Council Tax bill for the new listing. You can then take this to your local jobcentre as proof. I still advise though getting specialist legal advice as it may well save you money in the long run.

David

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3 days 6 hours ago #313334 by Explorer
Replied by Explorer on topic UC and two properties questions
Hi
As fas as creating a door, planning permission, VOA/Land registry/Council. These are all separate departments from UC and has nothing to do with UC.

Like wise UC has nothing to do with them either.

When reading UC rules, they don't even talk about VOA/Land registry merger etc etc, UC simply talk about if we are using both house as one household/main primary home.

Please advise,

I know you keep on saying taking legal advise, can you suggest me someone or how to find someone who is expert on these things. I am struggling really.

Regards

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3 days 2 hours ago #313343 by David
Replied by David on topic UC and two properties questions
Hi Explorer

If you tell me the city or county of your residence I will try and find an advice agency who could locate an appropriate legal adviser.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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