Can LHA be claimed?

clemmatis

sammyjammy wrote: »

If you really are a Public sector worker its ones like you that give us a bad name.

Sometimes I think he's trying to give public sector workers a bad name -- see his other posts.

princessdon

You are missing the point

A) You force him to sell - You CAN'T - you can force the SALE of the whole house and he then has an equal share of the selling price and the house is sold.

You can't sell to the 2 of you. DWP will look at other house sales for that postcode and apply a figure they believe was a true selling price.

so you either sell the house (market value) and give him his third, or you accept he can't claim benefits towards a home he owns.

publicsectorworker

sammyjammy wrote: »

If you really are a Public sector worker its ones like you that give us a bad name.

Just because two of you want to sell you cannot force a sale without going to court, this would cost a lot of money and I'd love to see the reason you'd make up.

this site is to help to get the best out of your money and what your entitled to. thats not giving anyone a bad name. there is a legal agreement drawn up on the house and who can do what so dont need to make anything up.

enabledebra

publicsectorworker wrote: »

its sthe second brother who would be claimant of lha and he will have entered an arrangement forced on him by the other 2 owners. he would then be in a position where he cant pay rent without lha and not be able to avoid the situation due to his commercial partners out ruling him. how can he have contrived something beyond his control.

Can't believe you are still flogging this very dead horse. You can twist and turn as much as you like- it's the bare facts that will make or break it. The council will refuse LHA and tell you to 'tell it to the judge' if you want to argue the toss over technicalities. You posted to get informed opinions and that is what you have had. If you know better then why post?

NB The tenant can be 'innocent' in the contrivance (not that I think this would apply in this case not least because you can't force him to sell to you.) If a landlord contrives to take advantage of the HB scheme even if the tenant has no idea or part in it, the tenancy is contrived and no LHA will be paid.

enabledebra

publicsectorworker wrote: »

this site is to help to get the best out of your money and what your entitled to. thats not giving anyone a bad name. there is a legal agreement drawn up on the house and who can do what so dont need to make anything up.

You are not entitled to LHA from turning a home owner into a tenant by means of contrivance to take advantage of the Housing Benefit scheme. That is what people are telling you.

debrag

publicsectorworker wrote: »

the rent would be going rate for 3 bed. shortfall of rent would be payed from his own savings from sale which would cover several years rent before he had to worry abot top ups. this would also take care quite quickly of anything over £16000. he could be forced to sell for commercial reasons by other 2 owners then pay commercial rent at full rate.

No plans to work then? That would help with rent, big shortfall to cover.

Will he still able to get jsa with big savings?

publicsectorworker

debrag wrote: »

No plans to work then? That would help with rent, big shortfall to cover.

Will he still able to get jsa with big savings?

Unlikely hes been out of work for a few years now and doesnt do well at applications or interview. savings will only just be over but debt would bring it under.

tomtom256

publicsectorworker wrote: »

Unlikely hes been out of work for a few years now and doesnt do well at applications or interview. savings will only just be over but debt would bring it under.

Looks like you have it all planned out then so that you can take advantage of the system for your own gains.

real1314

publicsectorworker wrote: »

its a shared investment property. just happens that 2 of the investors live there at the moment. if 2 out vote the 1 to sell or buy him out for commercial reasons the single investor has no choice. once hes bought out he needs to pay rent at the going rate or be homeless. then what he needs is determined by lha rates and savings.

You CANNOT force him to sell his share. You own 1/3rd each.

You and your other manipulative brother can sell your 1/3rd each, but the final 1/3rd can readily be retained by the brother on JSA.
The only way his share can be sold is with his agreement, which would make him a party to the contrivance to claim HB.
Further, his paying off of non-immediate debts could be treated as notional capital.

It's plainly not a business (and even if it were, there are legislative conditions to protect a minority shareholder) so he has no compulsion to sell his share.

You're way out of your depth, fishing around for an answer to your "wheeze" but it simply won't work. :cool:

Caz3121

publicsectorworker wrote: »

savings will only just be over but debt would bring it under.

have a look at notional capital....if he has savings of £30k and £20k debt...unless the debts are with debt collectors etc and he chooses to pay them off himself rather than continue with monthly payments he will be treated as still having the £30k (£10k plus £20k notional capital)

Why do you want to do this anyway?

You have said there is no mortgage and he receives JSA so he does not need money to pay rent
You say you will not rent out the spare room(s) so do not need the income

The system is there to help those in need...who is in need here?