Renting from family and housing benefit

Anthillmob

whos a psychopath?

you sound just like one of them 404 scam nigerian banker emails.

and for te record you wont necessarily get full benefit as its based on income and your housing needs. if you are single and under 25 renting privately you only get single room rent and if over 25 and renting privately and have 2 bedrooms but live alone (for example) then you are oer accommodated and full rent is not paid.

i do believe, as you cannot prove what you spout, that you are talking out of your behind.

Anthillmob

aldo dreaey as an aside i note from your profile that your interests include reading legal stuff. have you studied law then? do you work in law?

if you dont then could i politefully suggest that you stop confusing people with what you state is law based on something you have read. ive read somewhere that the moonwas made of cheese but i dont go around trying to convince people that it is.

what is written isn't always strictly true.

real1314

hey deary, just wondering what impact you think LHA will have on this massive case you're going to wreak on the Benefits Agency (sic)?

sammyhammy

I seem to recall that the application form for HB has/had a question about whether you are related to the landlord of the property. It would be about five years ago but I recall a case where a woman was pursued for fraud for not declaring that she was a relative of the landlord (actually her boyfriend owned the property and she lived in it with her kids - he lived elsewhere).

The case was based on the principle that he had an obligation to provide for the children and therefore he could not claim rent. It was all a bit shady and there was a tenancy agreement via an agency, so his name was not on the rental agreement.

Has this changed or would this still apply now? Is the question still on the application form?

Anthillmob

it still applies now and sounds just like a big case that the LA i work for had a few years back.

its all very complicated when renting off a relative. each case is looked at on their own merit and often with the assistance of a manager if its a difficult decision to make. believe me we dont make a decision lightly, we take everything we know and haved been told at the interview into account.

example i recently refused one on the grounds that the claimants had lived in the property rent free for x amount of years without being charged rent. and the reasons for the sudden change and need to start paying rent were not good enough.

the claimant was given right to appeal my deccision and give more detail which sometimes results in the decision being overturned and benefit granted yet they never appealed which makes you think 'yes, it was a contrived tenancy all along' and therefore we havent wasted tax payers money paying out on a made up tenancy.

sammyhammy

Thanks for the info - the one I knew of was actually a police led investigation linked to some much more serious allegations - a case of throwing the book at them!

Graham_Devon

I don't think deary even understand what he's writing himself. How the rest of us are sposed to work it out is beyond me!

Nigerian scam person, LMAO! Too true!

deary65

Sorry i have been dealing with a lot of pm's

So I'm back for more deary65 bashing,something for readers of the thread.ignor the bashers they have had other threads closed down on me.But not this one as I pm'ed martin on this matter.

O.K lets see if you understand this.

Let me explain to you what this pernicious little instrument (pre-tenancy determination) is attempting to deprive you of. If you complete this instrument and it is accepted by the rent officer,you have been deprived of your constitutional right to freely enter into contractual relations with your landlord. Remember market forces affect everyone.

In other words the crown is placing a value on your bargain, the crown will never interfere in private dealing between subjects. But if it does, it will do so via a properly constructed constituted act of parliament which will hold all parties to any decision reached.

This is way these matters will never unfortunately get to court. For in effect, in legal terms the state is attempting to deceive you of your right to freely strike a bargain.

MDF_Goblin

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.

The law states that the claimant must prove title to Benefit and that they must furnish such certificates etc as is reasonable for the authority to ask for. Bank statements as a means of verifying what is stated in the form is reasonable. No you do not have to give your bank statements but the onus is on you to have a good reason for it.

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.

Whats that got to do with anything? If its to do with your rants about the Rent Officer then I think you've been told how little you know on this subject by someone else.
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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.

No, you're quite right. Nobody has to fill in an application form. But they do have to make the application in writing and in a form acceptable to the authority. Forms are essentially templates that put all the questions together and make it easier for the claimant and the processor. Technically somebody can write it all out long-hand and it would probably be acceptable. Although not quite sure what your point is.

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 think your cheese has slipped off your cracker mate. Asked who to withdraw it? Its a tool to see how much benefit is potentially payable to a private tenant. It doesn't set or regulate the market the landlord does not have to be bound to it - he can and almost always do still charge the contractual rent. I don't think you know what you're talking about and thats being polite.

deary65

"I think your cheese has slipped off your cracker mate. Asked who to withdraw it? Its a tool to see how much benefit is potentially payable to a private tenant. It doesn't set or regulate the market the landlord does not have to be bound to it - he can and almost always do still charge the contractual rent. I don't think you know what you're talking about and thats being polite."

I have had that said to me before, and that person had to take back what they said.And that was on an other constitutional matter.

People are free to get a second opinion on the matter.