Housing Benefit- renting from parent??

Auldgit

Hi all, my daughter and her partner have been renting a property I own for over two years now. There is a proper tenancy agreement in force and the rent is paid each month by standing order. Sadly, they are now separating, and she will soon be living there alone. As a low earner, she will find it very difficult to pay the rent, and as a pensioner I can't afford to let her live there rent-free. Is it possible for her to claim Housing Benefit to help with the rent, or will the fact that I am a close relative prevent this??

Any advice greatly appreciated.

AG

Mojisola

As long as it's clear that the tenancy isn't contrived, yes.

McKneff

You would have to be a proper 'landlord' and all that that entails, insurance, gas certificates and would be willing to evict her if she doents pay rent.

Ring the DWP and ask, or it may be the council you have to ring. Someone will be along to clarify.

PasturesNew

She might be a low earner, but that doesn't mean she'll get any help with the rent in any case.

To decide the starting points are:
- how old is she?
- any kids, how old, boy or girl?
- what is this "low earner" actually earning?

Auldgit

McKneff wrote: »

You would have to be a proper 'landlord' and all that that entails, insurance, gas certificates and would be willing to evict her if she doents pay rent.

Ring the DWP and ask, or it may be the council you have to ring. Someone will be along to clarify.

All paperwork in order, but eviction would clearly be difficult.......... AG

Auldgit

Mojisola wrote: »

As long as it's clear that the tenancy isn't contrived, yes.

No, not contrived, properly set up and signed, and intended to last a long time...... AG

Mojisola

Auldgit wrote: »

All paperwork in order, but eviction would clearly be difficult.......... AG

Auldgit wrote: »

No, not contrived, properly set up and signed, and intended to last a long time...... AG

But eviction for non-payment would be necessary. If you say that you wouldn't evict her, it's not a proper tenancy.

Auldgit

Mojisola wrote: »

But eviction for non-payment would be necessary. If you say that you wouldn't evict her, it's not a proper tenancy.

Point taken. Thanks. Bear that in mind. AG

BurnleyBob

If she makes a claim for state assistance to help meet the rent at any future point, which appears likely from your posts, then the local authority will almost certainly enquire of you whether you'd be prepared to evict her as you would with any other tenant.

Whether you really would or not, you would have to answer that query with a resounding yes otherwise they'd undoubtedly reject her claim. Should they reject it after assuring them you would treat her no differently to a stranger, don't despair because an appeal tribunal can overrule a rejection.

nannytone_2

if the council decide that the tenancy isnt contrived, the amount of LHA she could receive would depend on
age .... unless she has children she would only be entitled to the shared accomodation rate if under 35 or the 1 bed rate if 35 or over
income ... anything that she earns will reduce the amount of LHA she could get.

you have to charge the market rate and be prepared to evict for non payment otherwide the tenancy would be deemed contived, even if it hasnt been until now.

cant she get a gousemate?

lighting_up_the_chalice

BurnleyBob wrote: »

If she makes a claim for state assistance to help meet the rent at any future point, which appears likely from your posts, then the local authority will almost certainly enquire of you whether you'd be prepared to evict her as you would with any other tenant.

Whether you really would or not, you would have to answer that query with a resounding yes otherwise they'd undoubtedly reject her claim. Should they reject it after assuring them you would treat her no differently to a stranger, don't despair because an appeal tribunal can overrule a rejection.

What you are advocating is, potentially, fraud.