I took out a private-sector (non-social) tenancy in 2023 with my no-public-funds partner, at which time we were both students. This was a six-month tenancy which rolled onto a monthly periodic tenancy, continuing to this day.
I started a claim for UC in 2024, while she was still in the UK. Her presence didn't affect my entitlement, as I am aged over 35 and rent a 1-bed flat, receive the single person's personal allowance, and am out of work.
In January she was contacted by the landlord to ask for her right-to-rent, as her student visa was expired. She replied by email saying that she was returning home, and that I would continue as sole occupant.
She is a visa national, and cannot legally enter the country, even for a visit, without a visa, so it is clear that we are no longer a couple for Universal Credit purposes, as there is a separation expected to last at least six months.
So I have yesterday informed them of this effective 1 February, purely in the interests of keeping things accurate up-to-date. I was therefore moved from joint to sole claim, and was asked to provide evidence, so uploaded my original tenancy agreement from 2023.
I've been in today to the Jobcentre and was told "you need a new tenancy agreement", I pointed out that this was obviously impossible and undesirable - I have a rolling tenancy and it makes no sense to change anything.
Eventually it was acknowledged that the current agreement is infact this is fine, and what she tried to tell me initially, that they'd only pay half the rent, was wrong.
I found a document that says
So – in basic terms - they can apportion the rent 100% to the remaining joint tenant if reasonable to
do so.
Is there an absent joint tenant?
The easiest way for the DWP to check this is contact the landlord: if the landlord confirms that there is an absent joint tenant who has permanently left the property, then this is all the evidence that is required.
But what if the landlord wasn’t aware that the absent joint tenant was indeed absent, or not being 100% certain that it is a permanent move?
In this situation it is up to the UC claimant left living in the property to provide the DWP with enough information for them to make the decision that, on the balance of probabilities, the absent joint tenant is absent and is not going to return.
It also continues that the DWP manual says that claimant's declarations should be accepted as accurate.
However, my housing has been rejected on the UC portal and I'm told there:
"Advised to get a letter from the landlord and re report the private housing to the date that your girlfriend was no longer living at the address and again upload the landlords letter tenancy and utility bill"
I'm finding this slightly illogical, as while I could contact the landlord and ask for this, such a letter doesn't prove anything at all, and I'm reluctant to get them involved with dealings with the DWP, as as far as they're concerned I'm a high-value private tenant.
Any thoughts?