Renting from family housing benefit

samanthamcmanus

I've heard you are not entitled to housing benefit if you rent from a family member. However, I wonder if anyone could help with my situation. I started renting from my landlady a year and a half ago, 8 months ago her son and I started a relationship. Now we want him to move in here with me but as we are both unemployed at the moment we would need housing benefit to help us out. Does anyone know if he would get housing benefit under these circumstances?

keys_2

Im not sure what would happen sorry , but I would suggest either yourself or the landlady phones your local housing benefit office to find out first

Jowo_2

It is possible for a tenant whose landlord is a close relative to receive LHA/housing benefit but not when they live together in the same property (i.e. as a lodger, sharing amenities with a live in landlord). They can only receive Local Housing Allowance when they rent a property from a landlord who lives elsewhere.

When the tenant has their own property from a relative, it is then only possible to receive the benefit if it is not a contrived tenancy (one set up to take advantage of the housing benefit system). For example, it is considered contrived when the landlord doesn't charge rent when the person is in employment but does when they are on benefits.

The Shelter website has good information about HB/LHA including renting from relatives. Google 'contrived tenancy' to understand why it is has to be a proper tenancy on a commercial basis for it to be accepted by the local council.

hibbi

As long as you have a legally binding tenancy agreement (you can buy solicitor approved ones from WH Smith for 7.99) and when they get in touch with your landlady she says you are legally contracted to pay the rent then you can get HB.

Worked for me

samanthamcmanus

Thanks so much everything makes more sense now. I already have the tenancy agreement for just me so does this mean my landlady will need to have a new one made for the 2 of us? Again thanks very much I love staying here and was starting to think we would need to find somewhere else before we could live together.