housing benefit entitlement

collywobbles73

hi, my ex partner left a year and a half ago to live in canada, i have 2 children to him, and he let us stay in the house and he paid the mortgage as his contribrution for the children. my situation has now changed as im in a new relationship and expecting another baby, and so the ex partner now wants us to pay the rent. we are claiming benefits at present so would it be possible for us to claim housing benefit as the house belongs to my ex partner.

many thanks

Jowo_2

Seek legal advice about your ex's financial obligations to you despite your new relationship.

I came across this advice

http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/rr2-a-guide-to-housing-benefit/housing-benefit/

"
Renting a former joint home from your ex-partner

You cannot get HB if you pay rent to your ex-partner if you have separated and you have remained in the former joint home. This applies whether you were a married or unmarried couple.
Your landlord is the parent of a child you are responsible for

You cannot get HB if you or your partner are responsible for a child and your landlord is a parent of that child.
Your landlord is a company

If your landlord is a company and:

• you
• your partner
• your ex-partner
• or a close relative who lives with you

are an employee or director of that company, you cannot usually get HB. But if you can prove that the arrangement is not meant to exploit HB, you may be able to get benefit."

Google 'contrived tenancy' which is where the local council will reject a HB (now Local Housing Allowance claim) if they think it has been established to take advantage of the benefits system. I don't know if this only applies where the landlord and tenant is related though.