Payment of LHA to boyfriend as Landlord

Cautious_Optimist

Would be grateful for some advice:


My current girlfriend is very unhappy in her present accommodation and would like to move.
GF has a young child, from her ex-husband and that is all official with custody and maintenance agreed etc.


I have never lived with my GF. We sometimes stay over with each other. All our finances are separate (eg bank accounts etc).
My GF currently claims benefits.


If I bought a house near to my current house, could I let it to my GF, with her claiming LHA to pay me as the LL?


I could probably raise about 30pc deposit for the BTL. Would any lenders agree to an LHA tenant on a 70pc LTV?
If not, my brother may join me in the purchase and together we could raise about 80pc deposit.


At a real push, we may be able to raise enough to purchase a house outright with cash (if another member of my family wanted to join in).


My main question is; would the council permit my GF to claim LHA, or would they class me as her ''partner''?


My understanding of the word ''partner'' in this sense, is a GF who lives with me, or has done so in the past.


I have searched online and the only exclusions to LHA payment seem to be:
''partner''
''ex-partner''
Father of GF's child (not me - official)
Family


Hopefully, if my GF moved closer to me, my mother could assist with childcare and my GF progress into work / college.


I know some people will argue that she is now my GF, so I should take her in to my own house, but at the moment I do not have much space. Plus, if we split up, that could lead to even more disruption to her and her child.

DomRavioli

That sounds like a contrived tenancy; you're only buying for your GF, not to rent to the general public so LHA isn't payable. Your partner is only allowed to claim LHA if the property is rentable to the public, and you would have to legally prove that it was - which is bloody hard.

I'm sure the lovely Housing Benefit Officer will be along to give you more info soon, but from the looks of it, it cannot be done.

killerkev

As she is your partner and you admit to staying over I don't see how you think you can claim , you will be buying a propety with the express aim of getting money to support your partner

tomtom256

When not just move in together, I know its a crazy idea in this day and age, but everyones happy then!

Housing_Benefit_Officer

No you can never claim Housing Benefit with your partner as the tenant and you as the landlord. We are prevented by law from paying Housing Benefit in such circumstances.

Why doesn't your girlfriend move in with you?

BigAunty

It doesn't seem clear on the Shelter website - just says ex partner or parent of a child is excluded, not current partner. Partners are defined as close family members in their link and it says that HB can be payable to family members if the landlord and tenant live apart.

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

Housing_Benefit_Officer

BigAunty wrote: »

It doesn't seem clear on the Shelter website - just says ex partner or parent of a child is excluded, not current partner. Partners are defined as close family members in their link and it says that HB can be payable to family members if the landlord and tenant live apart.

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

The legislation is crystal clear. We are prevented by law from paying Housing Benefit in these circumstances.

ejmo

The op has stated the relationship is not yet established enough to disrupt children. OK he cannot be her landlord but why are you advocating the mother and children move in with him?

Indie_Kid

ejmo wrote: »

The op has stated the relationship is not yet established enough to disrupt children. OK he cannot be her landlord but why are you advocating the mother and children move in with him?

They're effectively moving into together anyway.

antrobus

Housing_Benefit_Officer wrote: »

The legislation is crystal clear. We are prevented by law from paying Housing Benefit in these circumstances.

It would no doubt be of benefit to all if you were to post a link to the legislation concerned.

ejmo

Indie_Kid wrote: »

They're effectively moving into together anyway.

Really. He says he sometimes stays over and doesn't want to move the children in case they split up. Not a stable environment to move children into