Housing benefit interview under caution

Sg1431

Unhappy Housing benefit under caution interview
Hi I would like some advise
Last week I got a letter from housing benefit about an interview under caution I started my claim in 2010 and was renting a house that my brother owned I was honest with the council and told them about this.
At the end of 2010 I had a big falling out with my sis in law and she threatened to kick me out and make life difficult for me. To avoid this my brother put my name on the house title deeds so that if anything happened to him I would still have a place to live. Through out the whole time I was still paying u brother rent.
Twice after this someone from the council came out to make sure my claim was right and no one mentioned anything. A name on a title deed is not something that can be hidden it is on government record and information that can be obtained at anytime.
I am now worried that they think j have bought the house from my brother but no more net was exchanged I did not take out a mortgage or had any other interest in the house my name was purely on the title deed for the security of my children. I am really worried and am sick with worry doea anyone have any advice

[Deleted User]

i can only imagine that its because you can't get HB for a house you own or are part owner of,but i stand to be corrected

Peter333

Sg1431 wrote: »

Unhappy Housing benefit under caution interview
Hi I would like some advise
Last week I got a letter from housing benefit about an interview under caution I started my claim in 2010 and was renting a house that my brother owned I was honest with the council and told them about this.
At the end of 2010 I had a big falling out with my sis in law and she threatened to kick me out and make life difficult for me. To avoid this my brother put my name on the house title deeds so that if anything happened to him I would still have a place to live. Through out the whole time I was still paying u brother rent.
Twice after this someone from the council came out to make sure my claim was right and no one mentioned anything. A name on a title deed is not something that can be hidden it is on government record and information that can be obtained at anytime.
I am now worried that they think j have bought the house from my brother but no more net was exchanged I did not take out a mortgage or had any other interest in the house my name was purely on the title deed for the security of my children. I am really worried and am sick with worry doea anyone have any advice

woodbine wrote: »

i can only imagine that its because you can't get HB for a house you own or are part owner of,but i stand to be corrected

100% this is what it will be.

You don't get housing benefit when you're a homeowner. (And as your name is on the deeds to the house, you are classed as a homeowner now.) Me and my wife are both on our deeds, so we are both homeowners. If we tried to claim, we would be (quite rightly) refused.

Even though you have not done anything purposely to defraud; it does appear that this is what you have been doing. Did you genuinely not realise that you should not claim if you're a homeowner?

http://www.lbhf.gov.uk/Directory/Advice_and_Benefits/Housing_benefit_and_council_tax_benefit/Change_of_address_or_circumstances/173248_Claiming_housing_benefit_and_council_tax_benefit_FAQs.asp#ownhome

Click on 'can I get help if I own my own home?'

Go to the interview, and tell them you genuinely didn't know. You are in a bit of trouble, but they may go easy on you if you have not done anything like this before, an dif you are straight with them. Sometimes people don't know the most obvious things. (No offence.)

Don't worry though. It's done now, and I am sure you will be OK. Worst case scenario, they will set out a plan for you to pay it back. Unfortunately, this does mean you will struggle financially now.

How did they find out by the way?

nannytone_2

so you didnt tell the council that you had been put on the deeds?
you just waited for them to notice?
seems like you have 4 years of overpaid housing benefit that needs to be repaid.
and hop they dont prosecute ...

FBaby

You know what being on the deeds mean? That you have a financial claim to the house. That even if you fell out with your brother, you could claim your half (or whatever the agreement is on the deeds). Therefore you are a homeowner and therefore you are not entitled to HB.

I'm surprise that neither you or your brother realised this sooner.

Poppie68

They will wonder why you didn't inform either when you were added to the deed or during the two reviews... it looks like you have concealed ownership.
Why on earth anyone would think when their name was added to the deeds the housing benefit office would be informed...?
You may have more than 4 years in to repay if you or your brother were not upfront about the tenancy from day one.

McKneff

you own half a house, possibly the only way out is to get your brother to agree to sell it and replay the housing benefit out of the proceeds......

Sg1431

I know you guys may think I was being thick but I honestly didn't know and I thought this would be something they would have picked up on in the review that they came to do but they didn't, in response to Peter333 I'm not sure how they found out I'm even more worried after the responses now

Poppie68

Sg1431 wrote: »

I know you guys may think I was being thick but I honestly didn't know and I thought this would be something they would have picked up on in the review that they came to do but they didn't, in response to Peter333 I'm not sure how they found out I'm even more worried after the responses now

How would they pick it up on the review, you never told them. They obviously never mentioned in either review so it begs the question.... why didn't you mention it.

Poppie68

You will need legal advice/representation..You may want or need to ask your brother to help out with that as there is a good chance he will get dragged into it.
We may all seem blunt but I think we are all stumped that you or your brother never looked into it or that you never thought to inform them.

Caz3121

you will have all the housing benefit received since your name went on the deeds and there will be none going forwards whilst you live in a house you part own.
Will your brother allow you to stay rent free?
If not and you decide to live elsewhere to be able to claim housing benefit then the fact you own part of a property may preclude you receiving housing benefit for another property depending on how much equity you have in the current property
If the property is then taken out of your name then this may get counted as deprivation of capital as you would in theory be "giving away" £££s
How has your brother been declaring your rent payment. Tax on rental income is due to be paid based on % ownership...eg if you own 50% of the property then you should have been declaring 50% of the rent for tax purposes (I assume that, as it will all need to be repaid, this may be the least of your worries)