Housing benefit, moving .......worried

nittynoo2002

I need advice too, professional please
Was wondering....... Im at the moment claiming hb for my 2 bed hse. Im looking to move into a friends house and rent this instead. He is looking to leave the house in Dec this year.There fore we will be in the house for a no. of weeks together. He is looking at returning to spain, permently. I would then be the Tenant for the property.... Is this possible..
Does my friend need to draw up a tenancy agreement for this... obviously i dont want to do this and then get into serious trouble with the law or classed as a fraud?? Please help

Housing_Benefit_Officer

If you move in and your landlord is still living in the property then your rent will be restricted to the SRR rate as you won't have the sole use of the property. Once your landlord leaves and if he isn't returning then your rent should increase to the 1 bedroom rate.

nittynoo2002

The new Landlord would still be in the property along with his daughter, (10yrs) until things have been finalised for him
The property I am atm is 2 bed house. I receive full HB, I top this up and everything else. The property in ? is 3 bed hse. Closer to the school for my daughter which is a great help. I have been in the current property for 8 years 6 of which terribly depressed and unhappy since my marriage broke down. I am very anxious to think that I may be putting myself and my dgtr in a situation that could put us at risk in any way, by accepting the offer of the new house, for a fresh start for myself and her.

pmlindyloo

When you move into the house and your friend is still there then you will become your friend's lodger.

As a lodger you would still be eligible for local housing allowance at the two bed rate (as you have a daughter)

You would have to show some form of agreement that you are liable for rent - a letter from your friend or a rent book.

Personally I wouldn't be moving in until your friend has firm confirmation that they are moving out. Whilst your friend is still living there you, as a lodger, you have very little protection from eviction if things don't work out.

Can't you stay where you are until your friend moves out and then gives you a proper tenancy agreement so you have some legal protection?

Housing_Benefit_Officer

nittynoo2002 wrote: »

The new Landlord would still be in the property along with his daughter, (10yrs) until things have been finalised for him
The property I am atm is 2 bed house. I receive full HB, I top this up and everything else. The property in ? is 3 bed hse. Closer to the school for my daughter which is a great help. I have been in the current property for 8 years 6 of which terribly depressed and unhappy since my marriage broke down. I am very anxious to think that I may be putting myself and my dgtr in a situation that could put us at risk in any way, by accepting the offer of the new house, for a fresh start for myself and her.

Does your daughter live with you full time?