My client(s) are two flatsharers one with a small child. the house has 5 rooms excluding bathroom. In light of the fact that one flatsharer has a child, would it be correct in terms of her paying for / claiming for / two thirds of the housinng benefit. and the second flatmate paying for the other third. she has one bedroom, her child also and they all share the living room together. The other room is used to for storage.

thank you

I would tend to apportion 66.66/33.33. However, it wouldn't be "wrong" to apportion 50/50 either.

Based strictly on the info you have provided, both outcomes could be justified.

The difficulty with apportioning is that there are several factors that can be weighed, all to differing degrees (e.g. number of occupiers for each household; number of rooms used by each household; actual liability). You could give this scenario to 10 LAs, and easily get 5 giving one answer, 4 another and the 1 maverick yet another.

So, if your client requests a revision (or appeals), there will be no harm done. But, it really could go either way.

Tricky one that! Without wishing to second guess your LA, I think that if they both had separate tenancies, one claimant for one room ,one claimant for two rooms and each having shared occupation of all the other rooms then the LA may look more favourably on the request for a 66.6/33.3 split.

However if they had a joint tenancy for the whole of the property then the LA might be less sympathetic.

As Kevin says, it really could go either way.

Take no notice of me, I'm having a brainstorm. Just remembered that apportionment can only take place under a joint tenancy. Its been a long day, time to go home.