Renting from Ex husband

jillyflower

Hi Folks,

Not sure if I should post this here or in renting.

I've got the oppertunity to rent a property from my ex husband. (divorced 14 years) There has never been any bad feeling or unpleasantness between us, we realised we'd' made a mistake.
I've now got a young son (ex is not his father) and wonder if I rent the property would I still be able to claim housing benefit?

Thanks in advance for any help you may be able to offer

CKhalvashi

If it's a commercial tenancy at a reasonable rent, there should not be any problem with this.

CK

Bigphil1474

From my experience (OH works in Housing Benefits), its difficult claiming HB when you are renting from a relative - they take a very close look. However, he's not a relative anymore. You'd be best declaring your former relationship, though, otherwise you might have issues if they found out later and looked at it as fraud. There may be different policies depending on which area you live in so best bet is just to ask. Sorry that's saying the obvious.

jillyflower

Thanks for both replies. I still use my married name and it's not too common so they would probably ask if we are related. It's worth applying and see where it gets me.

pmlindyloo

jillyflower wrote: »

Hi Folks,

Not sure if I should post this here or in renting.

I've got the oppertunity to rent a property from my ex husband. (divorced 14 years) There has never been any bad feeling or unpleasantness between us, we realised we'd' made a mistake.
I've now got a young son (ex is not his father) and wonder if I rent the property would I still be able to claim housing benefit?

Thanks in advance for any help you may be able to offer

I believe there is a question on the HB claim form about the landlord and your relationship to them.

Receiving Housing Benefit when renting from a close relative may be problematical - not sure if ex husbands would count. Logically not as you are divorced but it may raise a query.

Having said that you can rent from family members. The only problem is if it is seen as a 'contrived tenancy' - set up to take advantage of the benefit system. (google for more info.)

If your ex has rented out before, there is a proper tenancy agreement, and he would follow his landlord responsibilities (including evicting you for rent arrears etc) then you shouldn't have a problem.

CKhalvashi

pmlindyloo wrote: »

I believe there is a question on the HB claim form about the landlord and your relationship to them.

Receiving Housing Benefit when renting from a close relative may be problematical - not sure if ex husbands would count. Logically not as you are divorced but it may raise a query.

Having said that you can rent from family members. The only problem is if it is seen as a 'contrived tenancy' - set up to take advantage of the benefit system. (google for more info.)

If your ex has rented out before, there is a proper tenancy agreement, and he would follow his landlord responsibilities (including evicting you for rent arrears etc) then you shouldn't have a problem.

Thanks for posting that!

I was about to post a link with exactly the same thing (more/less) in there.

CK

jillyflower

Thanks for that. He's never rented out before. He's only doing it now because he is moving in with his mother to look after her, she is 90. As everything is paid off on his place he doesn't want to sell it but is nervous about renting it out to someone he doesn't know and as I'm looking for somewhere is seemed the ideal solution!

BigAunty

Info here about contrived tenancies, the definition of a close relative and how ex-partners and parents are dealt with for HB claims.

http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/what_is_housing_benefit/housing_benefit_if_renting_from_a_family_member