an idea if LL doesn't accept DSS, is this allowed?

damino

I am wondering if this is allowed and if this would even work in theory

If a landlord has a criteria like the tenant cannot be funding the rent with DSS


And the tenant is a student and has a relative that can pay the rent. And the landlord accepts a relative paying rent for a student.

Can the relative and tenant sign a deal with the landlord to pay the rent - and pay it, but then can the tenant get housing benefit and pay that to the relative to compensate them in full for the rent they are paying?

The council would just be paying rent to the tenant.

The relative is paying to the landlord.

The tenant is under no obligation to state that he is on DSS, and the relative is paying, from the landlord's perspective.

Are there any Legal, or Practical problems with this?

agrinnall

Why do you think a student would be eligible for HB?

dimbo61

Many Landlords are NOT ALLOWED tenants on Housing Benefits!
This is from the Lender and in the mortgage terms and conditions.
Students are a completely different subject and get grants/Loans from the Student Loan Company ( part of the government) to pay for Tuition fees, Maintenance Loan and Maintenance Grant or Special Support Grant.
You need to be a full time student and students do not get HB
Now a Landlord may ask a parent to be a Guarantor for there child to cover the rent if they do not pay

damino

I didn't have in mind being a full time student.

I suppose the LL's mortgage company might not accept a non-full time student, but if the landlord doesn't ask, then could the deal go through?

enabling the council to pay the tenant, the tenant
the relative to pay the landlord
and the tenant to pay the relative to back


do landlords normally ask for proof of people being full time students?

And as a variation to the question,

What if the tenant is not a student, but has a relative who as far as the landlord is concerned is a wealthy and generous relative, would a landlord accept that? And the council pay the benefits and the tenant pay back the relative?

gardengull

The Housing benefit people would be very interested in a relative picking up the tab for housing. I think they would stop paying the housing benefit.

jamie11

Look at it from a different angle.

Mum and Dad take out the tenancy and pay the rent, student rents from Mum & Dad and claims LHA.

Local council look at the claim and fall off their collective chairs laughing.

Contrived tenancy.

Claim denied.

damino

from the perspective of the council, it could be seen as the council paying the tenant, who is ultimately paying the landlord, there's just an intermediary.. the relative. Who the council might not even care about..

I know the council would care that the rent paid is -all- going towards the rent and it is.

Depending on perspective, in one sense, one could say the relative is paying the rent, BUT, you could equally view the relative as an intermediary in the rent getting paid. From the relative's perspective, he isn't really paying the rent, the council is, and he's just an intermediary. But from the landlord's perspective, the relative is paying it, but the council might not be interested or know or care about the relative/intermediary.

It'd be interesting to see what the law says on the question

The council may not care what account the money goes out to from the tenant, so long as it reaches the landlord, and it does - and so long as it's legal - so i'd be interested to know if it would be
If it's legal, maybe the council doesn't even need to know about a relative/intermediary. As long as the rent they give the tenant, goes to the landlord, which it does.

@jamie you're viewing it as a sublet.. I'd be interested where within what i'm describing, in a claim form seen by the council, would it say that the parents or elative is letting it? I remember long ago when I was a student, my parents paid the rent but I don't think I was renting it from them.

jjlandlord

I think the law says that shrooms are illegal. You should stop.

jamie11

Are you studying to join the ranks of the benefit cheats, do you expect a degree in the subject?

What you're proposing is to cheat the system.

damino

I think you got confused by the question earlier in the thread, of being a student. Anyhow, if it's cheating the system then I wouldn't do it but if it's legal and not cheating the system then I'd like to know, and that's what I am asking. A moment ago you thought it was pretty simple and they'd see it as a sublet and reject it. Now I suppose you think it's not pretty simple but they'd reject it.

sandsni

I don't think many legit LLs would be happy about someone other than the person who signed the tenancy agreement actually living in the property. You seem to be suggesting that your "generous relative" signs the agreement to rent the property but you live in it without the presence of said relative. Opens up all kinds of questions about organised crime and people trafficking. Even student lets require the actual student to sign the agreement, generally with a guarantor (but that's a different kettle of fish).


As stated, many LLs don't accept "DSS" tenants because of their mortgage lender's rules, as well as the insurance companies having a problem with it.


For your own sake, if you're going to be claiming HB, you'd be better with a LL who knows you are and has the proper insurances and permissions.