Renting from family and housing benefit

pmlindyloo

Twister17 wrote: »

Hi there, sorry to dig up a fairly old thread. Just wondered if anyone could advise. We currently rent a house but have been looking to move for a while, we receive a small amount of housing benefit and we're generally good tenants, always pay our rent on time and we look after the property. My partners cousin has approached us asking if we'd be interested in renting his house from him, the house is in a better area than where we are currently and he would be living elsewhere obviously. I just wondered if it would be possible to continue receiving housing benefit if we did move into the house as I know there are different rules when it comes to renting from family members (we still need to view it to make sure it's suitable for us and everything). From what I've read it would be possible as long as it can be proved that it's not a 'contrived tenancy' and everything is above board. I wouldn't want to get in trouble or anything so I'm just wondering if we did move in, what would we/my partners cousin need to do in order to prove that everything is legitimate?

Have answered on the other thread.

You were correct the first time - to start your own thread

Twister17

Oh sorry, I posted then I saw this thread on google so thought it might be best to post here instead. I'll go and read your post, thanks!

sexyshoes1

I have been living the the house that my ex owns. we broke up 13 years ago. we constantly have eviction papers from the courts as he chooses when to pay the mortgage. the last eviction was yesterday the 6th but again was stopped because he made part payment. he has now said that unless i pay rent of £950 per month he will let the house get repossessed. im here with our 3 kids 1 is studying at uni, 1 has mental health issues and is labelled disabled, 3rd is 16 at college. The council have said im not eligible as he is the ex, however they are happy to help with rent to another landlord. I argued that it is cheaper to stay in our home as average rents are £1500. He has never paid maintenance and is now saying he cant afford the mortgage.I do work but am on a low income.

marliepanda

Assuming your ex is the father of your children, they will not pay money to a landlord when their children live there. It's his job to house his kids, not theirs.

Were you married and now divorced? If so what is mentioned about the house?

If not, and you want housing, you may have to move.

sexyshoes1

thank you for your response. not married.

sexyshoes1

reg 9(1)(b) housing benefit regulatios 2006 is not applicable as this is applicable to living with someone.

tomtontom

sexyshoes1 wrote: »

reg 9(1)(b) housing benefit regulatios 2006 is not applicable as this is applicable to living with someone.

Reg 9 (1)(d) and possibly (c) would apply - you are responsible for a child of the person to whom you pay rent.

sexyshoes1

thank you. Im so confused, as I was also told by the council that if i give up work then even though the house is his i am able to claim help with the mortgage!! That is just bonkers!! Not something i will entertain as I need my job not just financially but more for my sanity.

marliepanda

sexyshoes1 wrote: »

thank you. Im so confused, as I was also told by the council that if i give up work then even though the house is his i am able to claim help with the mortgage!! That is just bonkers!! Not something i will entertain as I need my job not just financially but more for my sanity.

The council must have misunderstood your situation/relationship.

You wouldn't get mortgage support for someone else's mortgage. It's not yours. You are not the homeowner.

terryw

Have you taken any action against your ex for non-payment of maintenance for the children? If not, advice from a solicitor or CAB would probably be beneficial.