Payment of LHA to boyfriend as Landlord

Indie_Kid

It could be argued (and this seems to be the case here) that the tenancy has been created to tak advantage of housing benefit, for which HB won't be paid.

Surely "partner" is classed as a close relative?

densol_2

Exactly Same thread by OP is running on " house buying " save we are less sympathetic to a contrived tenancy lol

DomRavioli

antrobus wrote: »

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

It was previously the Housing Benefit Regulations, regulation 7; as I haven't worked in HB for a while, it may have changed; i found this online though.

If the local Council think that it is a contrived tenancy i.e. a tenancy set up just to get LHA (private HB) then they will not pay. The things they will usually look for are:

does the family member who owns the house have a history of being a private landlord?
is the claimant already living in the house and have they been paying rent?
does the rent charged match the market rent for the area?
has a proper tenancy agreement been drawn up and signed by both parties?
does the landlord know what their responsibilities/rights are especially around non-payment of rent?
was a deposit paid?

The best thing to do would be to have a chat with the HB dept of your local Council but this will only be a guideline as a definite answer will only be available after you have bought the property and the partner has signed a tenancy agreement, etc.

You must also evict them if they breach the tenancy - are you willing to do that OP? If not, its contrived, and no LHA is payable.

tomtom256

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?

His argument for not moving in is no different if he purchased a house to rent to her.

What happens if they split, will he honour the tenancy etc, same problems regardless.

Movin in together is also the cheaper and makes the most economical sense, if the aim is to have his girlfriend live "closer" to him.

If his mother is going to help with child care and as the child is not his, they are clearly quite serious for his mother to be prepared to do this.

I think that they don't want to live together purely for benefit purposes, which is fine if it's true, aslong as they are upfront about it.

Cautious_Optimist

DomRavioli wrote: »

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 take your point about the property not being available to the general public to rent. But would it really be that difficult to advertise the property, via an agency and then "accept" my GF as the tenant?
Not exactly honest, but I wonder how often this happens?
I was under the impression that the council only scrutinized a tenancy, if a "relationship" between the LL and tenant was declared. As my GF is not my "partner", nor my relative, then would the council not treat it as a "standard" tenancy?
Or are ALL LHA applications examined for evidence of being "contrived"?

Cautious_Optimist

DomRavioli wrote: »

It was previously the Housing Benefit Regulations, regulation 7; as I haven't worked in HB for a while, it may have changed; i found this online though.

If the local Council think that it is a contrived tenancy i.e. a tenancy set up just to get LHA (private HB) then they will not pay. The things they will usually look for are:

does the family member who owns the house .

I'm not a family member.
Thanks for the rest of the info though.

Cautious_Optimist

blondebubbles wrote: »

If she's unhappy with her current place why doesn't she just move?

Why would you need to buy it? Are there no other houses/flats in the area she can rent?

This would certainly be a simpler option. The problem is finding a LL who will accept LHA tenants.


Her current LL is a "dodgy" character and she wouldn't want to be asking him for references etc.

PasturesNew

The bottom line is that the relationship complicates everything ... and even complicates your personal relationship on a day to day basis. From the outside world you can expect to live in constant fear that there'll be a problem, questions asked, enquiries, benefits withdrawn while under investigation, interview appointments with the authorities .... you'll "get away with it" today, but what will tomorrow bring? Knock at the door? A letter?

It's complicated..... and can mostly only end in tears all round.

Can you afford to pay for the house if there's an investigation and rent's not paid? Could the relationship survive the strain? What will you do if it's deemed benefits are not payable and must be repaid? Will you evict her?

You see - you must evict her - else it's contrived.

Cautious_Optimist

tomtom256 wrote: »

His argument for not moving in is no different if he purchased a house to rent to her.

What happens if they split, will he honour the tenancy etc, same problems regardless.

Movin in together is also the cheaper and makes the most economical sense, if the aim is to have his girlfriend live "closer" to him.

If his mother is going to help with child care and as the child is not his, they are clearly quite serious for his mother to be prepared to do this.

I think that they don't want to live together purely for benefit purposes, which is fine if it's true, aslong as they are upfront about it.

Yes, my GF moving in would be a good option and probably cheaper re bills, etc.
But it's more complicated than that.
My 13yr old niece lives with me Mon-Fri, for school reasons. I own the house, but for ongoing family reasons (long story) I wouldn't want to sell it.


Also, my house is not very good for public transport into town etc. My GF doesn't drive, so it would be better if my GF was closer to the town, which is where my mother has a flat.


Also, if I need to move away for work, we have an agreement that my SiL, will move into my house with her daughter (my niece).


I'm also wary about what happens if my relationship with my GF doesn't last. She is quite a bit younger than me and may not want to continue if I need to move away with work. She would not be able to follow me, as she needs to remain within a reasonable distance of her ex-husband, so he can retain access.

Cautious_Optimist

killerkev wrote: »

As she is your partner

No. I don't believe she is my "partner".
We are only "dating".