Payment of LHA to boyfriend as Landlord

Cautious_Optimist

Housing_Benefit_Officer wrote: »

No you can never claim Housing Benefit with your partner.

She's not my "partner".
We are only "dating".

Cautious_Optimist

Housing_Benefit_Officer wrote: »

Why doesn't your girlfriend move in with you?

Numerous reasons;
Space
Public transport links
Access to childcare
Early stages in relationship.

Cautious_Optimist

Housing_Benefit_Officer wrote: »

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

I can't find any questions about "dating" the tenant on the LHA form.


The forms I have seen ask if the tenant is your "partner" and my answer is no.
We "date", but we are not "partners".

Cautious_Optimist

tomtom256 wrote: »

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

Early stage in relationship. If it wasn't for her accommodation problems, we wouldn't be considering moving in together so soon.


Not much space - my 13yr old niece lives with me Mon-Fri.


Poor public transport links for my GF, when I'm not there to drive her around.


Difficult access to potential child care help.

DomRavioli

Cautious_Optimist wrote: »

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"?

You really aren't getting this at all. You would have to demonstrate the same responsibilities as a private landlord, such as eviction, continuation of tenancy should any relationship break down, and yes, your GF is your partner so those rules DO APPLY.

As she is your partner (You can call her your GF, OH, whatever, doesn't change the material fact) you will have to prove all the above - just because you don't live together doesn't mean you're not in a relationship. IF you attempt to defraud the system, you could be facing jail time.

There's also no such thing as a standard tenancy - you would need to have a tenancy agreement drawn up (the most common is an assured short hold tenancy or AST), and follow it to the letter; you need to speak to your local authority urgently to find out what proof they need to determine a contrived tenancy.

And just in case you didn't get it - YOU ARE PARTNERS. SHE IS YOUR PARTNER. Its really that simple.

missapril75

DomRavioli wrote: »

And just in case you didn't get it - YOU ARE PARTNERS. SHE IS YOUR PARTNER. Its really that simple.

You should be aware that when things like benefits are involved, certain words and expressions have legal definitions rather than every-day uses.

Housing_Benefit_Officer

The tenancy would be contrived and non commercial and you are in a relationship with your tenant. People have been successfully prosecuted for benefit fraud for having the exact same arrangement you are proposing.

FBaby

Cautious_Optimist wrote: »

Housing_Benefit_Officer wrote: »

No you can never claim Housing Benefit with your partner.

She's not my "partner".
We are only "dating".

Surely that makes the whole thing even more risky, not only of being reported of having to justify that you are not in a partnership but also, if all you are to eachother is dating buddies, then aren't you concerned that things could go wrong, she could decide that she owes you nothing, stop paying you rent, wait to be legally expulsed, and then go leaving with over 6 months of unpaid rent, not talking about the damage she could do to your property...

I certainly wouldn't buy a property to rent to someone I was only dating when things could go very wrong any day.

seasideme

She's not my "partner".
We are only "dating".

Wow, you want to effectively buy her a house and you're only "dating" wish I could find someone like you.

SnooksNJ

seasideme wrote: »

Wow, you want to effectively buy her a house and you're only "dating" wish I could find someone like you.

Technically the taxpayers are paying for her house.