Would this be a contrived tenancy?

emsywoo123

Hi all
I moved into this house with my ex shortly after my parents bought it. Ex and I split about 2 months later, I then qualified and receive some LHA.

Parents are now talking about selling this house and buying another, which they have offered to rent to me. Is this a possibility? Or would it be seen as contrived?

Many thanks

Emsywoo123

Notmyrealname

I assume your parents are currently your landlord? I can't see it being a problem as it is no different to a landlord relocating tenants which does go on from time to time, such as when a property has a compulsory purchase order on it.

xylophone

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

might be of interest.

creditcardhelp11

If this would be a legitimate tenancy agreement then it would not be contrived. You would have to declare the relationship with the Landlord. It would then be up to a decision maker. You would have one month to appeal decision.

Things to consider whether it is legitimate. Is there a legal tenancy agreement document? Would your parents evict you if you did not pay the rent? Did you pay a deposit which was subsequently protected under the tenancy deposit scheme? Do your parents charge you the going rate for the property? Do you pay the extra if not covered by the LHA? The answers should all be yes if not more likely to be viewed as contrived.

emsywoo123

Hi thanks all for your replies.
Yes, my parents are currently my landlords.
I do have a tenancy agreement, they charge me 10% under going rate, but lha does not cover all my rent.
They would kick meout if I didn't pay (I assume, it's never really been discussed!!) but i did not pay a deposit. I didn't have one, dad would have had to lend it to me!
The council are obviously aware that my parents are currently my landlords, I declared it fully on my lha application.
I'm just worried that obviously the house would be bought for me to rent (with some assistance from lha for the time being) whereas this house was bought with the expectation that no benefit help would be required?

creditcardhelp11

The landlords, your parents must treat you as they would any other tenant for the tenancy not to be contrived. If they are reducing the rent just so you can live there with benefits paying the rent then that sounds more likely to be contrived. However, if they would do that for anyone then perhaps not. Some landlords often state benefit claimants welcome, whereas others prohibit them. If you parents would want a deposit from another tenant then they should get one off you regardless of where it comes from! When the deposit is paid it should be held under the tenancy deposit scheme by law.