Is this scenario possible?

swingaloo

The circumstances would be-

A couple are joint tenants in a rented property.

The mans daughter is 34, recently separated and out of work at the moment so has moved in with the couple.

If the daughters name was added to the tenancy agreement would the daughter be able to claim housing benefit?

Dunroamin

Do the parents claim HB?

swingaloo

No they pay full rent.

pmlindyloo

swingaloo wrote: »

The circumstances would be-

A couple are joint tenants in a rented property.

The mans daughter is 34, recently separated and out of work at the moment so has moved in with the couple.

If the daughters name was added to the tenancy agreement would the daughter be able to claim housing benefit?

This is taken from the CAB website, Adviceguide:

Other Housing Benefit restrictions

Adults who live in someone else’s home

An adult who lives in your home and who is not a tenant or boarder, other than your partner, is called a non-dependant. For example, you might have a friend, parent, grown-up son or daughter or another relative living with you. If you have a non-dependant living in your home, an amount will usually be deducted from your Housing Benefit on the assumption that they could give you some money towards the costs of accommodation, even if they do not do so. The amount of the deduction depends on their circumstances.
If you were living with someone as a non-dependant, and then you enter into an agreement to pay rent while they are still living there, you may not be able to get Housing Benefit towards that rent, unless you can show that the arrangement was not set up in order to get Housing Benefit.
If you have a non-dependant living in your home, or you are a former non-dependant and you want to claim Housing Benefit, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Also I would be very surprised if a landlord would be willing to add someone to a tenancy agreement in the circumstances, though not impossible.

Personally I would view this as someone setting up an agreement like this in order to claim HB towards the rent that they were originally liable for. If it is then HB may not be granted.

Perhaps another poster 'Housingofficer' may have an opinion on this.

Strangely enough, I believe that if they all had a tenancy agreement together in the first place then she may have been eligible but I may be wrong

swingaloo

Thank you for the replies. Its confusing isn't it. its my friend who is in this position. She and her partner rent a 3 storey house, her son used to live with them but has moved out.

Her partners daughter has split from her ex and has moved out of his home with the intention of staying with my friend and her partner till she finds somewhere else. However, they have a virtually self contained living space she could have (own bedroom, on suite and living room space on the third floor.
Having had a bad time with her ex she would feel more secure living under their roof and it would be cheaper than her finding another property on her own and also help my friend out.

pmlindyloo

swingaloo wrote: »

Thank you for the replies. Its confusing isn't it. its my friend who is in this position. She and her partner rent a 3 storey house, her son used to live with them but has moved out.

Her partners daughter has split from her ex and has moved out of his home with the intention of staying with my friend and her partner till she finds somewhere else. However, they have a virtually self contained living space she could have (own bedroom, on suite and living room space on the third floor.
Having had a bad time with her ex she would feel more secure living under their roof and it would be cheaper than her finding another property on her own and also help my friend out.

Was the daughter married? And or does she have a beneficial interest in 'his home'?

Have alook here:

http://england.shelter.org.uk/get_advice/families_and_relationships/relationship_breakdown/options_for_homeowners/beneficial_interest

swingaloo

No she was not married, in fact she had only lived with him for 3 months. Previously she flat shared with 2 other girls. One of the girls has since married and the other has got 2 new flatmates from work so there is no room for her to go back there and she doesn't know of anyone else she could flat share with.

Housing_Benefit_Officer

If your landlord wants to make her liable for the rent in the property by adding her name to the tenancy then she can claim housing benefit.