We own my partners mothers house, benefits?

Wee_Willy_Harris

zzzLazyDaisy wrote: »

I suspect that you are not your mum's landlord.

Where the landlord is a relative, the question of whether the person has paid rent in the past is very relevant indeed. If they have not paid rent, but are now agreeing to pay rent in order to claim LHA, that would normally be considered a contrived tenancy, in which case LHA is not payable.

The local authority look very closely at LHA applications when LL and tenant are related.

My experience of Local Authorities and LHA claimants who suddenly just pop up from nowhere for no obvious reason is that it will be looked into. They won't even have to try that hard. A quick glance at their own Council Tax records would show the daughter when she was living there, which would lead to the daughters current address, which would be the same as the LL regardless of which of these schemers is listed as the LL.

And don't think the Data Protection Act will protect them from that kind of enquiry. LA have a duty to protect public money from fraudulent loss, and the DPA has a caviat allowing information to be legitimately colated in the course of detecting/preventing crime.

Part of me almost hopes they go for it.

zzzLazyDaisy

maria6259 wrote: »

I don't have a link. This info comes from when my father wanted to give me his house, and live rent free, but was told by a solicitor that I would still be deemed to be receiving a rent from him and that would incur tax implications.
If anyone knows any more about this I would be interested in finding out.
ps dad's house is still in his name!

That is a different issue entirely.

In your case, your father wanted to give you HIS house but to continue to live in the house rent free. That arrangement has potential tax implications (IHT and CGT) and also is open to claw-back by the local authority if your father were to go into a care home.

In this case the house has never belonged to the mother. OP's gf is buying it with a mortgage, and she lets her mum live there rent free. There are no tax implications in that scenario.