Renting from family and housing benefit

ALIBOBSY

TBH so many scams have happened with people renting from relations most councils won't allow it. At best you can expect an in depth investigation.
If the step father is a proffesional landlord with a number of properties it is looked on more favorably than say step dad buys flat and rents to step daughter. The problem is it would be so easy for many parents to buy a property, rent it to a child and claim HB so the tax payer effectively clears the mortgage for them. This has been used for fruad in the past and they will be (rightly) very cautious regrading these sort of situations.

Ali x

[Deleted User]

thank you for your help, much appreciated. i assure it's legitimate, it's through his property firm and the council are asking for more detailed info than about the landlord and i have not known of this before. thanks again

Simplegirlviv

I am currently renting a house off one of my sisters and I need to claim housing benefit. Can I claim?

BigAunty

Simplegirlviv wrote: »

I am currently renting a house off one of my sisters and I need to claim housing benefit. Can I claim?

As per my previous post, yes, if you don't live in the same property as the landlord to whom you are closely related AND if the council do not think it is a 'contrived tenancy', set up to exploit the housing benefit system. Google the term to identify what this means and what the council will be looking for.

For example, it is considered a contrived tenancy if you don't pay rent when you are working but then claim it when you are not.

Have you always paid rent while living there, do you have proof of this, do you have a written tenancy agreement?

Simplegirlviv

BigAunty wrote: »

As per my previous post, yes, if you don't live in the same property as the landlord to whom you are closely related AND if the council do not think it is a 'contrived tenancy', set up to exploit the housing benefit system. Google the term to identify what this means and what the council will be looking for.

For example, it is considered a contrived tenancy if you don't pay rent when you are working but then claim it when you are not.

Have you always paid rent while living there, do you have proof of this, do you have a written tenancy agreement?

I have been here about three weeks. In my previous house I was getting housing benefit. As yet no tenancy agreement but we are awaiting it. I moved in as the previous tenant moved out. I had no central heating in my previous house and the house I now live in had it.


I also own 25% of the house but will not be taking any of the rent, so all rent is payable to my sister. Does it complicate matters my owning 25%? I am making no profit from living in the house. I just get a better place to live for around the same cost.

BurnleyBob

If you and the landlord jump through all the LA's hoops - by showing them the tenancy agreement that's on a commercial basis, rent book (if you pay weekly) and maybe evidence that you paid a deposit and it's protected in one of the government schemes and perhaps a gas safety certificate too - and they deny the claim for whatever reason(s) then don't be discouraged because you can appeal their decision so that a judge makes the ultimate yay or nay ruling.

miduck

Simplegirlviv wrote: »

I have been here about three weeks. In my previous house I was getting housing benefit. As yet no tenancy agreement but we are awaiting it. I moved in as the previous tenant moved out. I had no central heating in my previous house and the house I now live in had it.


I also own 25% of the house but will not be taking any of the rent, so all rent is payable to my sister. Does it complicate matters my owning 25%? I am making no profit from living in the house. I just get a better place to live for around the same cost.

The fact that you have an interest in the property will certainly complicate things. Will you be paying a full commercial rent, and if so, why is none of the money going to you?

zzzLazyDaisy

deary65 wrote: »

The age of maturity in this country is 18 that is a constitutional law, the only way you can change that is with an other constitutional law increasing or decreasing it Don't let anyone tell you different.
This is the information they need to work out your benefit:
1)your name and address
2)your N.I number
3)Your income and if you are on means tested benefit you will get the full rent minus any services not capable of being defined as rent such as,water rates,meals,laundry ect,,
4)your landlords name and address
5)The rental value
6)sign the letter stating the date you want your benefit to start.
7)They won't like it but that is the law
8)If they believe it is a contrived tenancy then ask them to prove it, otherwise pay the full rent..
Regards

Sorry, but this is nonsense. You need to read the law relating to Local Housing Allowance ('housing benefit' for private tenancies).

Very few people will get the full rent paid. To start with the LHA for any region is assessed by taking the range of rents for the given type of property, and calculating the lowest one third. Anyone living in a property with average rent or above will not have their full rent paid under the LHA rules.

Also, single people under the age of 35 are entitled ONLY to the rate for a room in a shared house , and older single people and couples are entitled to ONLY the one bedroom rate. Since there is often a shortage of shared and one bedroom accommodation, many people end up renting a two bedroomed place and having to make up the difference.

Finally, it is not for the LA to prove that a tenancy is contrived. Once the LA has established that landlord and tenant are related, it is for the landlord and tenant to produce the required evidence to show that this is not a contrived tenancy.

There are also other issues such as the circumstances and income of other members of the household and their relationship to the tenant and if the tenant is a student, for example.

lighting_up_the_chalice

It's also nearly 6 years old.... Time to let it go.

Poppie68

Blimey read first 3 pages before realising this thread is nearly 6 YEARS OLD, i wish people would start their own new thread as some of the info on rules and regs in this thread could now be obselete.