Housing Benefit - ill but I cant live with my Sister?

MEsteve

Ive been unwell with ME for 6 years now - and after living in a flatshare for 5 of those - Im considering moving into the flat my sister rents because her flatmate who pays part of the rent is moving out. This would be to have family around which would be nicer I think and help with my recovery. Also - its a very cheap room for London - only £400 in bills!

However - Ive been looking into how to arrange the benefits side...And it appears - to live with a close family member who rents AND get benefits to pay for the room is not allowed?

It seems odd - that benefits are available if the family member owns the property and you pay rent...however - Im unclear - on the shelter website is states that if the family member does not own the property - its not possible to claim housing benefit...

http://england.shelter.org.uk/get_advice/paying_for_a_home/housing_benefit_and_local_housing_allowance/housing_benefit_if_renting_from_a_family_member

How does that make sense? An ill person on benefit cannot take on a shared rented flat with a family member - but has to live with friends or strangers?

Is this really the case?

Caz3121

I think what your link is referring to is
If your family member owns a property and you want to rent from them then no housing benefit
If your family member owns a property and does not live there then you may get housing benefit (this is a complex one and not one that fits your situation)

If your sister is the only one on the tenancy then she is the only one that is responsible for the rent and what you are looking for is for her to sub-let to you or have you as a lodger. Is she allowed to do this in the terms of her lease?
If there is anyway that you could be named as joint tenants on the tenancy agreement, or each have your own then you will have a document that shows you are responsible for rental payment to the landlord and you should be able to claim the shared room rate (irrespective of your age)

BigAunty

Housing benefit is never payable when a tenant lives in the same property as their LANDLORD who is a close relative.

I'm not aware of any issues where siblings are both tenants on HB and are unrelated to the landlord. There's no problem co-sharing a property with relatives and those with a liability to pay rent receiving HB as long as they are tenants who are not closely related to the landlord who lives in the SAME property.

Ownership may not necessarily be the same as being the landlord. Some properties are set up so that the tenant takes over the landlord duties, they are regarded as 'intermediate' or 'mesne landlords'. For example, a sole tenant who has a 2 bedroom property and has been given permission by the landlord to rent out the second bedroom directly to a lodger, so the tenant has a lodgers agreement directly with the other occupier and it is not set up and managed by the original landlord, the property owner.

Who would you be paying the rent to, where does the rent liability lie? Who is your contract with - your sister, or her landlord?

I don't really understand your interpretation of the information in the link. It is clear that it is about the landlord relationship, renting a property from a close relative. There's nothing negative there about being co-tenants together. Assuming you pay your rent to your sister's landlord, then clearly you are not renting a home from your sister, are you?

http://england.shelter.org.uk/get_advice/paying_for_a_home/housing_benefit_and_local_housing_allowance/housing_benefit_if_renting_from_a_family_member

MEsteve

Caz3121 wrote: »

I think what your link is referring to is
If your family member owns a property and you want to rent from them then no housing benefit
If your family member owns a property and does not live there then you may get housing benefit (this is a complex one and not one that fits your situation)

If your sister is the only one on the tenancy then she is the only one that is responsible for the rent and what you are looking for is for her to sub-let to you or have you as a lodger. Is she allowed to do this in the terms of her lease?
If there is anyway that you could be named as joint tenants on the tenancy agreement, or each have your own then you will have a document that shows you are responsible for rental payment to the landlord and you should be able to claim the shared room rate (irrespective of your age)

thanks Caz ok that makes sense...

problem is I have this feeling that my sister does not have an official contract with the landlord...she pays the rent - and sub-lets the other room...I wonder if it would be possible for me to have a contract with my sister and get benefits?
Its possible the landlord might give me a contract...but he is one of those old-school old fashioned types...she has lived there for years with no contract I think...need to check...

BigAunty

MEsteve wrote: »

thanks Caz ok that makes sense...

problem is I have this feeling that my sister does not have an official contract with the landlord...she pays the rent - and sub-lets the other room...I wonder if it would be possible for me to have a contract with my sister and get benefits?
...

Not sure, your sister would actually become a mesne landlord and you become her sub tenant or intermediary tenant, though you could check with Shelter on this position.

How does your sister pay the landlord - cash (and does she get receipts) or via standing order?

It is possible for your sister to ask the landlord for a joint contract? However, if she has lived there for many years, it's possible that this could negate stronger tenancy rights that preceeded changes in housing law. How many years has she been there?

"Most private tenants rent from a landlord who owns the property. However, some people rent from another a tenant rather than the owner (the owner is called the head landlord).
If you are in this situation you are likely to be a subtenant..."



http://england.shelter.org.uk/get_advice/renting_and_leasehold/sharing_and_subletting/subtenants

Gingerbiscuit_2

Sounds like you would apply for housing benefit but your sister would have to declare her income etc and wages as they would calcuate what your % of the rent would be. Cant see a problem with the landlord giving you a proper contract or receits unless he is ilegal subletting it from the council!!