Housing Benefit

butterflylady

Good Evening,

I'm hoping that you can help.

I am currently in the process of splitting up with my partner, he owns the family home.

I can not get a big enough mortgage to buy him out, his alternative is to change the mortgage to a buy to let mortgage and rent the house out to me.

I really want to minimise the distrubance to my children and want to know whether I will be able to claim housing benefit towards the rent, as all other 3 bed properties in my area are out of my price range.

If I move areas I will lose both my child care and my sons place at school and F2 places in the town I live are rare than hens teeth well apart from schools in special measures!!


It is not possible for my ex to pay a mortgage on this house and buy some where else.

Thanks

Butterfly

McKneff

Difficult one really, say you divorced him you would have some rights to the family home. He couldnt just chuck you out and sell the family home and keep all the proceeds, it's not how the law works.

Other than that, if you rent to family members a proper tennants agreeement has to be set up and he would be a landlord, with all that goes with it.

You would have to pay market rent and he would have to be willing to evict you if you if you didnt pay it.

To be honest, I would go and get some legal advice.

Dunroamin

What's the LHA rate for your area and is that what he'd charge you in rent?

karenx

Google contrived tenancy it may help you. Basically you will struggle to convince housing benefit this is a proper tenancy. Is he going to charge you the proper rental value, ie the same as other houses are going for? What will happen if you cant pay the rent? Will he throw you and his children out onto the street? I doubt that.
Theres also more to it than just changing the mortgage, he may have to pay a fee to do this. He will need landlords insurance and will have all these yearly checks to have done on the property, more money.
Are you named on the mortgage at all?

Caz3121

Renting a former joint home from your ex-partner

You cannot get HB if you pay rent to your ex-partner if you have separated and you have remained in the former joint home. This applies whether you were a married or unmarried couple.
Your landlord is the parent of a child you are responsible for

You cannot get HB if you or your partner are responsible for a child and your landlord is a parent of that child.


http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/rr2-a-guide-to-housing-benefit/housing-benefit/

OwenGriff

you will not receive H Benefit as they do not allow partners or family to rent to one another