Claiming housing benefit and renting from someone who is not direct family

maltesermum

ok so, can you rent from...lets say your mother's partner even if they are not married, and, still claim housing benefit legally??? Surely its an indirect family member?? Please help. Thank you

cassieB57

if you live in their home it doesn't matter who the rent is paid to, you would still be ineligible if you live in the home of a close relative, ie your mother and her partner. If you live in a separate property, you may be eligible if you can show it is a genuine tenancy not a contrived one, so a proper tenancy contract or agreement would be required at the very least.(rather than just a rent book)

maltesermum

Hello and Thank you. This is not for me its for a friend, i'm trying to gather as much info for as possible. She doesn't live with them. Her mothers partners property company owns the house. I know about contrived tenancies and it isn't that at all. Basically she's not out to con housing benefit, her partner left her holding the baby and she was forced to find quick accomodation after starting to claim income support. The house in question comes under the 'social housing' status and has been assessed for fair rent. There will be a tenancy agreement signed by my friend and the property manager of the company. Just looking for advice really

cassieB57

I would say in that case, they might be able to claim. If the tenancy agreement is legally enforceable that would be in their favour,and though HB may not be paid if rent is paid to a company you have some connection with, whether this is the case would need to be decided by the HB department, so I'd say try claiming.

maltesermum

Thank you so much for your help