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Can I claim housing / council tax benefits?
Comments
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Surely it's your parents who should be paying the council tax, as they are the ones living there!
There would be a good argument that the home in Wales is still his 'sole or main residence' for council tax purposes - he has the security of ownership, he can return when he wants, he is only lodging elsewhere and he has only left to try and locate work.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
Who were you planning to rent the house to?Be Alert..........Britain needs lerts.0
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Redsquirrel69 wrote: »I can afford to let them live there because its mortgage free, thanks to the family loan. I've had to stop the payments I was making to them which has drastically cut their retirement income.
So what? Having a mortgage-free house doesn't mean you can afford to rent it out for nothing, if you have no income. Sounds like your parents lent you money they couldn't afford to lend and are now living rent-free in leiu of the payments you are supposed to be making to them. Once you get a job again and resume the payments, will you then charge them rent? I don't see how you can afford not to.DMP Mutual Support Thread member 244
Quit smoking 13/05/2013
Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go0 -
Redsquirrel69 wrote: »I can afford to let them live there because its mortgage free, thanks to the family loan. I've had to stop the payments I was making to them which has drastically cut their retirement income.
I'm not claiming any HB as I'm living on a friend's couch for free until I find work.
I am worried that I may have to pay council tax on the property I'm not living in. I guess they'll have to decide if my parent will qualify for any low income discount.
If you are living there for free, then you can't claim HB - this is only possible if you have liability to pay rent. Since you're not the tenant in London, you can't get HB. Do you understand this?
You are their landlord and are responsible for all repairs. How can you afford this? At some point, the property will have leaks, need a new boiler, need a new roof, needs a gas safety certificate on an annual basis if there is a gas boiler or fire, and so forth. You cannot afford for them to live there for free - do you understand this? Houses have maintenance costs and you are legally obliged.
You didn't answer my question on whether your parents have tried to evade means tested care charges, inheritance tax and so on by transferring their marital property to you while they are still alive? Is this why they couldn't apply for HB - they are banned because it was previously owned and occupied by them and there is a 5 year bar on HB claims?
Is this why there's no paperwork for the loan and therefore why the entire capital gets counted when you apply for means tested benefits and why the whole of any income they would pay you for rent gets included?
They are responsible for the council tax if this is not your primary residence - did you not check the hierarchy of liability like I suggested?0
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