Renting from family and housing benefit

Doranora

I've found information which says you cannot claim housing benefit if you rent from a close family member that you're living with but I wonder if anyone can help with a more specific case?

I know someone who has a close family memeber who has a property that is uninhabited. Would it be possible to get housing benefit for this property? The landlord would be living in another house.

Many thanks

healy

Yes this is possible but you would need an official tenancy agreement drawn up.

Doranora

Do you have to go to the council to do that? or can you fill in a form on your own?

shykins

i rented a property off my parents when i first seperated from my ex and we jus drew up a tenancy agreement and gave that to the council when applying for te housing benefit

x

Doranora

Thanks for that. Did the council make any queries over it, being related to the landlord?

seven-day-weekend

We rented a flat to our son for a while. He was paid Housing Benefit. He had to have a proper tenancy agreement and we had to prove that the flat had been available for rent on the open market (we were able to do this by showing Estate Agent's details).

We did the tenancy agreement on a form that we got from WH Smiths, but I'm sure you would be able to download them.


Bear in mind that they may not pay the full amount of rent that the relative is asking for the property - it depends on what accommodation they think the person needs. For example, the flat we rented to our son was a two-bedroom, but they would only pay HB equivalent to the rent for a bedsit, as they said that was all he needed as a single person under 25.

Try https://www.landlordzone.com for more advice.

Anthillmob

regards living with a close releative the claim would be made ineligible under Reg.7

however, renting from a family member who wouldnt be present at the porperty. you will be asked to attend an interview (contrived tenancy interview). its not scary, we just ask questions about who the mortgage on the property belongs to, have you ever lived in any of their other properties, etc., the questions are not set questions, we amend them for each specific case to fit the circumstances.

[Deleted User]

healy wrote:

Yes this is possible but you would need an official tenancy agreement drawn up.

Not strictly true. A verbal contract is enough, believe it or not. However most LAs will insist on a tenancy agreement. Under benefit regs they have no such right to do so.

There will be other issues to take into account such as 'commerciality'. It isn't as straight forward as you may think.

deary65

The staff at the benefit agency learn rules and regulations which they quote parrot fashion, without
any idea of the laws they are made under. However helpful and under stress these people may be,because they are government officers people believe them. I must have read more nonsense in the last few days on this board by way of advise than I have ever read in any newspapers.

1)I read on an other forum that they ask for people's bank statements, under no circumstances hand over any of your personal information,we all live in a free country, under the rule of law, you have the right to be believed if they have evidence to suggest otherwise then ask them to produce it,otherwise get stuff&d Thats the law and long may it remain so.

2)The age of maturity in this country is 18 not 20 or 25,that means you can freely enter into contractual relations which are binding on all including government departments.
.
3)There is no law that says you must fill out an application form. In law, all you have to do,to qualify for housing benefit, is offer a letter containing your name,your address the date, N.I number proof of your income and your rental amount the name and address of your landlord. They must accept that. Housing Benefit is a legal right not a discretionary one, it is therefore governed by the law of the land, and not rules and regulations, they are there to assist in administration only.
4)Anyone having their rent restricted p.m me, and under no circumstances sign a pre- tenancy determination agreement I have already asked for this to be withdrawn so we shall see what happens.



I have prepared a letter for the secretary of state reminding him of the master servant relationship, whereby we the people are the masters and he is our servant and he is in breach of the terms of his employment, by misleading people in a manner which constitutes gross misconduct and therefore warrants instance dismissal.

P.S rumors have it, that a large delivery of toilet rolls where seen being delivered at the department for work and pensions. I can't, of course, confirm this as a fact. Not yet anyway.

Anthillmob

deary65 wrote:

The staff at the benefit agency learn rules and regulations which they quote parrot fashion, without
any idea of the laws they are made under. However helpful and under stress these people may be,because they are government officers people believe them. I must have read more nonsense in the last few days on this board by way of advise than I have ever read in any newspapers.

1)I read on an other forum that they ask for people's bank statements, under no circumstances hand over any of your personal information, we all live in a free country, under the rule of law, you have the right to be believed if they have evidence to suggest otherwise then ask them to produce it,otherwise get stuff&d Thats the law and long may it remain so.

2)The age of maturity in this country is 18 not 20 or 25,that means you can freely enter into contractual relations which are binding on all including government departments.
.
3)There is no law that says you must fill out an application form. In law, all you have to do,to qualify for housing benefit, is offer a letter containing your name,your address the date, N.I number proof of your income and your rental amount the name and address of your landlord. They must accept that. Housing Benefit is a legal right not a discretionary one, it is therefore governed by the law of the land, and not rules and regulations, they are there to assist in administration only.
4)Anyone having their rent restricted p.m me, and under no circumstances sign a pre- tenancy determination agreement I have already asked for this to be withdrawn so we shall see what happens.



I have prepared a letter for the secretary of state reminding him of the master servant relationship, whereby we the people are the masters and he is our servant and he is in breach of the terms of his employment, by misleading people in a manner which constitutes gross misconduct and therefore warrants instance dismissal.

P.S rumors have it, that a large delivery of toilet rolls where seen being delivered at the department for work and pensions. I can't, of course, confirm this as a fact. Not yet anyway.

under benefit tegulations we must see statements for any bank or building society or post offices accounts you hold and proof of any other forms of capital. you fail to provide this information then we are within out rights to make an adverse decision of you haveing over 16k in capital and therefore make your claim non-qualifier for benefit.

whatever you beef is with the government ganecies pp, if you withold information because you see it as your right then im sorry but you wont get an ounce of help.

we arent here to be horrible/vindictive/picky/etc we are emplyed to help and provide a service and people with attitudes like yours make for complicated claims and complains that are rather unecessary.

edit - you also have to fill out a form so we know about you, your family etc and the type of property. i dont know what planet you are from but i expect you come from the planet 'lets make thins eally difficult for those benefit people i want money from but im not willing to give information to'

do you know how time consuiming it is to set up a new claim for people with attitudes like yours?

extremely.

we set it up, we make contact for further info and you start throwing your weight around quiting regulations you wouldnt understand if they poked you in the eye and then moan whinge and complain to their local MP because we didnt grant benefit as we made you n/q on an assumed income or capital because you were too damn lazy to provide the info requested.


AND BREATHE...............

healy

deary65 wrote:

The staff at the benefit agency learn rules and regulations which they quote parrot fashion, without
any idea of the laws they are made under. However helpful and under stress these people may be,because they are government officers people believe them. I must have read more nonsense in the last few days on this board by way of advise than I have ever read in any newspapers.

1)I read on an other forum that they ask for people's bank statements, under no circumstances hand over any of your personal information,we all live in a free country, under the rule of law, you have the right to be believed if they have evidence to suggest otherwise then ask them to produce it,otherwise get stuff&d Thats the law and long may it remain so.

2)The age of maturity in this country is 18 not 20 or 25,that means you can freely enter into contractual relations which are binding on all including government departments.
.
3)There is no law that says you must fill out an application form. In law, all you have to do,to qualify for housing benefit, is offer a letter containing your name,your address the date, N.I number proof of your income and your rental amount the name and address of your landlord. They must accept that. Housing Benefit is a legal right not a discretionary one, it is therefore governed by the law of the land, and not rules and regulations, they are there to assist in administration only.
4)Anyone having their rent restricted p.m me, and under no circumstances sign a pre- tenancy determination agreement I have already asked for this to be withdrawn so we shall see what happens.



I have prepared a letter for the secretary of state reminding him of the master servant relationship, whereby we the people are the masters and he is our servant and he is in breach of the terms of his employment, by misleading people in a manner which constitutes gross misconduct and therefore warrants instance dismissal.

P.S rumors have it, that a large delivery of toilet rolls where seen being delivered at the department for work and pensions. I can't, of course, confirm this as a fact. Not yet anyway.

This is not a sensible post and I would advise people to ignore it. It is the biggest load of nonsense I have seen for a while. If people follow this ridiculous advice they will have great difficulties is obtaining benefit so it is best to follow what anthillmob and others who know what they are talking about say as they know the practical realities and dont live in cloud cookoo land!