Query about rent under ESA

jules23958

I have had a pretty hard time of it in the last two years and my 2nd husband abused me and I had to leave. I became very ill and tried to commit suicide last February.
In April my first husband (whom I divorced in 2001) said I could stay with him for a short period whilst I got housing from the council. The money from our divorce had all been spent as I have bipolar and when manic I no longer have an awareness of what I am doing.
I found out in this last year that I could have claimed for rent to give to him but he says that he is concerned about that because he also has a maisonette of his own that is rented out and which is unearned income for him plus a pension and also lives in a one bedroomed bungalow so I have to sleep on the sofa.
Would it be possible to get rent to pay him because technically I am no longer married to him?
What would the repercussions be to him with regard to his tax situation:
Maisonette - about 680 pcm
Pension - 660 pcm
Many thanks
Julia

pandaspot

Hi

I think the problem you might have is, your sleeping on a sofa, you don't actually have a room. Also have you got a tenancy agreement/rent book? The council need to be convinced that this agreement is genuine and is not a contrived tenancy

For example if you didn't pay him rent for 3 months would he evict you?

paddedjohn

Call me a cynic but I read the post to read...."I am back with my ex husband and have been since last April, he has a property he rents out but doesnt pay tax on, how can i fiddle some cash from the taxpayer so that we can live more comfortable?"..................couch since last April? yeah right.

Jowo_2

Housing benefit (local housing allowance) is payable to tenants who live in the same property as their landlord as long as they aren't a close relative and who aren't a couple.

The Shelter website gives good info on how LHA operates and how to apply. Not sure how/if you can apply retrospectively.

So long as the rent doesn't exceed £4250 in the property that you share with him, that will come under the Rent A Room scheme and no tax is payable. The Directgov and Landlordzone indicate how the Rent a Room scheme for landlords with live in lodgers. The landlord should go to the Landlordzone website to understand his tax obligations for the other property he rents out or if the rent charged to his lodger exceeds the rent a room scheme. The HMRC expect landlords to submit tax returns for rental income - this is not your problem, it is his.

Pinkruth

paddedjohn wrote: »

Call me a cynic but I read the post to read...."I am back with my ex husband and have been since last April, he has a property he rents out but doesnt pay tax on, how can i fiddle some cash from the taxpayer so that we can live more comfortable?"..................couch since last April? yeah right.

I sympathsie with your condition, but I read it like this ^^^^ too.

dmg24

Jowo wrote: »

Housing benefit (local housing allowance) is payable to tenants who live in the same property as their landlord as long as they aren't a close relative and who aren't a couple.

The Shelter website gives good info on how LHA operates and how to apply. Not sure how/if you can apply retrospectively.

So long as the rent doesn't exceed £4250 in the property that you share with him, that will come under the Rent A Room scheme and no tax is payable. The Directgov and Landlordzone indicate how the Rent a Room scheme for landlords with live in lodgers. The landlord should go to the Landlordzone website to understand his tax obligations for the other property he rents out or if the rent charged to his lodger exceeds the rent a room scheme. The HMRC expect landlords to submit tax returns for rental income - this is not your problem, it is his.

You cannot rent a room if you do not have a room to rent!

melbi_uk

There is always the option to rent a house of flat privately. (not from a family member)

pandaspot

we did have a case like this in work, where someone wanted hb and they only had a sofa. we turned them down as they didnt have a room.

the landlord then turned a cupboard/pantry into a room

we allowed that, and paid hb because it is classed as a room, pretty small one, dont think there was a bed in there, cant remember a couple of years back now, but he exclusive use of it