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Payment of LHA to boyfriend as Landlord

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Comments

  • You see, that's exactly what I mean and where you're wrong.

    For two people to be treated as a couple they have to share a household. There's a definition of a couple for benefit purposes and it is not just being in a relationship. It has to include sharing a household.

    And then the benefit system defines a household.

    For a couple claim, the two people involved have to be currently living in the same household or usually do but are temporarily living apart and will be together again.

    It does mean that two people can marry, continue to live in the same separate households as before getting married and not be classed as a couple for benefit purposes because they don't and never did share a household.

    Assuming the bits of information the OP has provided are the whole truth, they are not partners for benefit purposes. She can still claim ongoing benefits even though in a relationship.

    Now this is not to say he can be her landlord and she can claim benefits for rent, this is just to say that because you call them partners doesn't mean they are, when it comes to benefits.

    HBO is rightly suggesting it would be viewed as a contrived tenancy. The relationship is obviously a factor for that consideration. But it's the relationship that comes into it not you saying they are partners.


    Yes, this is correct.
    I looked into it, when I took in a lodger on LHA.
    The benefits dept use ''partner'', but also another term called ''LTAMC'' - Living Together As Married Couple.


    The OP and his GF are in a ''close personal relationship'', but are not ''partners'' - unless they live together AND share their finances etc.


    ''Partner'' seems to be the term for ''common law wife'' - which many people will say doesn't exist - but actually does!
  • SunReader wrote: »
    What a shameless scrounging thread. Just make sure you don't get 'rinsed' by your soon to be common law wife...
    .



    She would become his CLW if she moved in with him. Not if she moved into a different property he owned.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    New_User wrote: »
    ''Partner'' seems to be the term for ''common law wife'' - which many people will say doesn't exist - but actually does!

    Where in law does this relationship exist?
  • 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.



    What if the tenant wasn't on benefits?
    Would it still be illegal then?
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    New_User wrote: »
    What if the tenant wasn't on benefits?
    Would it still be illegal then?

    If no benefits are being claimed, it doesn't matter whether there is a relationship between tenant and LL.
  • Mojisola wrote: »
    Where in law does this relationship exist?



    In the context of prosecuting for benefit fraud...


    ...it seems to be the same as ''partner'' or ''Living Together As Married Couple'' (LTAMC).


    That's my point - it may not officially exist, but people can still be prosecuted for it!
  • Mojisola wrote: »
    If no benefits are being claimed, it doesn't matter whether there is a relationship between tenant and LL.



    It doesn't make the tenancy invalid or illegal etc?
    Presumably all the other rules would apply the same (deposit protection etc, notice to evict etc, etc,)
  • . Why do I feel the O/P is exploiting a very vulnerable individual for their own sexual



    I'm presuming the OP and his GF are already sleeping together...?
    So I don't see how any new tenancy can then be ''exploitation''...?
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    So in simple terms does this mean that as long as two partners, however committed they are to each other, are clever enough to know never to make to move in together in the first place they will be fine as opposed to a couple who are much less committed but who made the error to share a household for a couple of months (or less) in the past? What a logical and sensible rule!
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    New_User wrote: »
    In the context of prosecuting for benefit fraud...

    ...it seems to be the same as ''partner'' or ''Living Together As Married Couple'' (LTAMC).

    That's my point - it may not officially exist, but people can still be prosecuted for it!

    The benefit rules are specific and use "partner" and "LTAMC"; they don't mention common law husband or wife.
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