Renting to daughter can she claim housing benefit

RAS

Please go over to the Benefits sub-forum or at least look at www.turn2us.org.uk and work out how benefits work for those with irregular income (averaging).

On the other hand if she is under 25 then I have seen how incredibly difficult it can be to survive let alone live.

Does she understand that the choices are

1. A joint tenancy with multiple people which means that if ONE of the others refuses to pay the rent or bugers off she has to stump up the missing rent for the rest of the contract?

2. A sole tenancy on a room basis; as many folk as possible in one house with no control over who else uses the same bathroom and the cleaning heading for lowest common denominator. And stuck paying to the end of the contract whatever happens?

3. Lodging with one or more people in their house. Tends to be nicer but you are just a lodger, have to live by their rules and can be asked to leave at short notice. On the other hand you can leave at short notice if that suits you.

BigAunty

silvercar wrote: »

So moving her into another property would be seen as contrived.

I have never come across an instance of posters on the benefit forum being refused HB for their tenant (and close relative) just because they have moved out of the family home and into a different property.

I still think it's worth the OP checking with Housing Benefit Officer.

There is some general info here

http://www.housingoptionsscotland.org.uk/pdf/Buying%20to%20let%20to%20a%20relative.pdf

According to that document, "The council should also consider that a claimant might have good cause to move into a property, which has been rented to them by a close relative. For example, it may be to enable a young person to leave their parental home, or to provide a more suitable home for a person with a disability.....It should be remembered that contrived tenancies are those that have been created by the tenant and/or landlord to abuse the HB Scheme. As such, contrivance cannot apply where the main reason for entering into the tenancy was to provide a home for the claimant and
their family."

EDIT

More examples of tenancies which are more likely to be classed as contrived

http://www.hbnotes.co.uk/HBInformation/ClaimsandPayments/Whocanclaim/Contrivedtenancies.aspx

More info on what council's look for to identify contrived tenancies and reference to case law that helps with appeals on rejected claims.

http://rightsnet.org.uk/forum-archive/index3678.html

Mojisola

AlisonW wrote: »

My partner would prefer her not to be living with us.

Could she be a lodger with someone else so that she's not in your house any longer?

https://www.spareroom.co.uk/

By the time the new house is bought, she could then move from being a lodger to being your partner's tenant.

specialboy

AlisonW wrote: »

Well it does seem not to be a viable option. Or at least too complicated to go through the rigmarole. Especially as her wage will be erratic with the potential to be eligible one week but not the next.
At least if she's renting elsewhere I can help her out if any benefits due are late, rather than having to evict her.
My partner would prefer her not to be living with us.

Find a new partner.

LADYXXMACBETH

There is a part on the form asking if the landlord is related to the tenant or if they know them personally. Whether this means you won't get HB I don't know but it may be that they look a bit more carefully. This pretty much tells you what you need to know.

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