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Can I claim Housing Benefit if I'm a legal co-owner of a property?

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Comments

  • notanewuser
    notanewuser Posts: 8,499 Forumite
    silvercar wrote: »
    This is true. I don't understand why people are saying you can't claim JSA while you live in a property you own (or part own).

    The OP should be receiving rent of 1/3rd of the market rent. That would probably put him/her over the income level for income based JSA..........
    Trying to be a man is a waste of a woman
  • Mojisola
    Mojisola Posts: 35,571 Forumite
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    Annie1960 wrote: »
    What sort of ownership of the house do you have?

    Tenants in common? Joint tenants?

    Your legal option is to put the house on the market, but this may depend on the way in which you own it.

    Presumably the sister wouldn't agree to a sale so the case would have to go to court to try to force the sale. As there are children living in the house, it's possible that the court wouldn't issue an order for sale.
  • RAS
    RAS Posts: 36,090 Forumite
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    Mojisola wrote: »
    Presumably the sister wouldn't agree to a sale so the case would have to go to court to try to force the sale. As there are children living in the house, it's possible that the court wouldn't issue an order for sale.

    In which case the OP might be considered eligible for means-tested benefits?
    If you've have not made a mistake, you've made nothing
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    RAS wrote: »
    In which case the OP might be considered eligible for means-tested benefits?

    That should be so, shouldn't it?

    Anyone know for sure?
  • KMMT
    KMMT Posts: 34 Forumite
    Gilganjn wrote: »
    Realistically I think £1350 would be a safer figure to allow for any complications but that would cover everything I'd need. I can't really borrow that money, I'd rather not try to. Right now I'm living off just the JSA alone. It's enough money for food, I can't complain about that, but not enough to save anything in order to move out. So it's sort of an unfortunate little cycle of existence that I'm currently caught in.

    That's why I'm enquiring about the HB because with just 4 to 6 weeks of that it would change everything for me.

    You have a roof over your head & you are claiming another benefit which the entitlement to which you are not really sure of, but you think that by just claiming HB for a 'little while' will help you out!! It really is amazing you think this is ok. All because you have paid into the system. Well many people pay into the system for many years but don't think it's ok to fraudulently claim benefits.

    The benefit pot is not endless despite what people believe & it's people like you who take what they aren't entitled to that take money away from the people who genuinely need it.
  • Annie1960
    Annie1960 Posts: 3,009 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Mojisola wrote: »
    Presumably the sister wouldn't agree to a sale so the case would have to go to court to try to force the sale. As there are children living in the house, it's possible that the court wouldn't issue an order for sale.

    The sister may have no choice. It may depend on the way in which the OP owns the property. What does it say in the deeds about ownership and exit options?
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Annie1960 wrote: »
    The sister may have no choice.

    She does - all she has to do is refuse to sign any paperwork until forced to by a court order.
  • RAS
    RAS Posts: 36,090 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Go over to the wills and probate section. Many instance where a sibling has been living in a property with a parent and after the parent's death the other beneficaries' "share" is effectively nil because the incumbent refuses to sell up and there is no way a court would order a sale.

    Assuming of course that you have the £10K up front to fight the court case anyway.
    If you've have not made a mistake, you've made nothing
  • silvercar
    silvercar Posts: 49,929 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    notanewuser wrote: »
    The OP should be receiving rent of 1/3rd of the market rent. That would probably put him/her over the income level for income based JSA..........

    Not if the OP is living there and part owner. Any payments would be considered "board".

    consider when a couple own a property as tenants in common and have an adult child living with them. If they are out of work they can still claim benefits, there is no requirement for the adult child to pay them rent and them declare it.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • elmer
    elmer Posts: 939 Forumite
    Part of the Furniture 500 Posts Photogenic
    Please note before you claim HB fraudulently, that ALL councils do data matching with other government departments, i.e. land registry to prevent fraud, you have to sign the form to say that you accept that.

    So you will be found out, it may take a while, but your details will be matched and a fraud investigation launched, I don't think you will have a defence when you will have lied on the form as to who owns the house you are claiming for.

    You also have to provide a tenancy agreement, so your Dad or sister will be implicated in your fraud and may be prosecuted also.
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