Housing Benefit turned down 2yrs ago can we apply again?

bunnygirl007

Hi

I'm hoping I'm posting in the right spot here. Sorry its such a long one but hope someone has the patience to read it and may have an answer.

My 80 yr old mum lives in a rented farm house and has done for about 25 years, a couple of years ago my dad died leaving her with nothing but her state pension. She is now getting Attendance Allowance and Guaranteed Pension Credits. 2 yrs ago I applied on her behalf for Housing Benefit but it was turned down because it was a farm tenancy which apparently is exempt for HB.

This seems so unfair, there is no income from the farm as it is not a working farm but they say their rules do not allow benefit to be paid on this type of tenancy. The rent is pretty low approx £300 per month and to move anywhere else locally she would be looking at paying around £550 minimum for a very basic property. However this is not an option she will not consider moving out and to be honest I think if she was forced to move it would kill her.

Up to now she has just about managed to make ends meet by using up the small amount of savings she had however this has just about run out and the future is looking grim if we can't get help soon. So I've started looking around the sites to see what help may be available.

Looking at the benefits sites I see LHA has come in since we applied and i was hoping the rules may have changed or maybe we were misinformed originally. No reason was offered as to why this tenacy would not qualify for HB. However it looks as though LHA wouldn't apply in this case as my mum has had the tenancy for 25 years so it would have to be HB. Theoretically using their on-line calculator she would qualify however, I can't find any details o the rules re different types of tenancy especially the types that aren't covered and why they aren't.

Does anyone know what rules apply re tenancy agreements and if what I was told was correct? It seems ridiculous that an old lady cannot get help and support to stay in her home for the last few years of her life. It would be cheaper for the council to pay the HB on this tenancy but it seems they would rather see her out on the streets.

Thanking you all in advance.

Unstoppable_2

The only thing you can do is bang in another application.

exil

I suspect the property is classed as a farm with a potential to generate an income rather than a residence and this is why it's not eligible. Maybe the tenancy agreement should be changed - seek legal advice?

lottie6636

They cannot turn down your Housing benefit claim just because your mum lives in a house on a farm, unless she is living in a tied cottage. If not re-apply and if they turn you down again, then say you want to appeal against the decision. This will ensure someone else will look at the decision. Good luck.

bunnygirl007

Thanks for your replies.

Its not a tied cottage, my Mum is 80 and very arthritic so not really in a fit state to generate any income from the farm. We use the fields and outbuildings to house a couple of retired ponies that belong to me and my sister.

She receives guarenteed pension credit, council tax benefit and attendance allowance at the higher rate plus her state pension. She qualifies for all these benefits yet they can't / won't help her with her rent. If she runs out of money and can't make the payments then she will be out on the street - what then?

She can't afford to find alternative housing as the rental is much higher and she wouldn't have enough for a deposit. That said she would not consider it anyway, she wants to stay where she is and live the rest of her life peacfully without upheaval and stress. I realy think it would kill her if she had to move - not that I have the space, she wouldn't even come and live with me.

It seems so unfair. Do you think its worth pursuing?

yorkshire_grafter

Hi

Apply again for HB. If her claim is turned down again write and ask for a written statement - this will explain why she has been turned down for HB.

Who is the LL/Owner? (close relative) or is she a Crown Tenant?

cte1111

I'd definitely have another try, you never know it might go through this time, and the worst that could happen is that they say no, and your Mum is no worse off in the meantime.

If not, is there anyway that you could change the tenancy to yourself or your sister, then sublet just the house to your mum on an ordinary tenancy? Just a suggestion, people might be able to see flaws in this plan, I'm not an expert.

bunnygirl007

LL is not family and its not a Crown Tenancy either. The LL are the Trustees of an estate and my parents have been tenants for many years originally just renting the land and farm buildings but then they did up the delapidated farmhouse to make it habitable and moved in - hence rent is low.

Taking on the tenancy myself is an interesting idea if I can get the Trustees and my Mum to agree to it. However can you get HB if its a sub-let and the LL is a relative? Got a feeling they may say as we're related she wouldn't qualify. Still nothing ventured, nothing gained so I will look inot that possibility and if thats no good then apply again and croos my fingers.

Thanks Yorkshire Grafter and cte

real1314

Swapping the tenancy around wold probably be deemed a contrived tenancy.

However, why not get a new application done, and see what happens.

If it's refused, post back on here as to exactly what reason is given.

hippy-chicy

cte1111 wrote: »

I'd definitely have another try, you never know it might go through this time, and the worst that could happen is that they say no, and your Mum is no worse off in the meantime.

If not, is there anyway that you could change the tenancy to yourself or your sister, then sublet just the house to your mum on an ordinary tenancy? Just a suggestion, people might be able to see flaws in this plan, I'm not an expert.

If you were to do this it would be classed as a contrived tenancy and your mother would definately not be eligible to apply as she would be renting off a close relative.

I think your best bet is to contact the council and ask why your mother can't claim HB. When you get a response let us know we may be able to help your further once the situation has been clarified.

edit

Sorry just realised all the above was pointed out by Real123 above