Housing Benefit

sara_501

Just some advice needed really

my dad has just bought a 2 bed house which he intends to let out via a letting agency, I'm currently living in a housing association flat on the 3rd floor with no garden, cannabis smokers and a somewhat hyperactive 3 year old.

what I was wondering was if anyone else had let a property from family and had their housing benefit applied to that property?

Basically I've spoken to my housing benefit office (a young lad who sounded like he still ought to be at school :S)..and he said that as long as it was done "properly" ie. through a letting agent, with a tenancy agreement and that my dad had to promise to treat me like any other tenant, AND subject to a 'fair rents' determination it would be ok.

what I'm wondering is how much the council would be willing to pay (what they deem a 'fair rent'?) on my behalf and if the advice I've been given already is correct.

I really want to improve our current standard of living and a house with a garden would certainly do that.

Hope someone can help me out here.

Fran

I think you need to check this because according to the DWP Website "You cannot usually get Housing Benefit if you live in a close relative's household.". Also it says there are special rules if you are under 25 (in case you are). Why not give your local Citizens Advice Bureau a ring?

sara_501

Thanks Fran,

I think I'll have to, although for anyone else reading, the under 25 rules only apply to single adults without children.

I also think (though don't quote me) that the DWP Website "You cannot usually get Housing Benefit if you live in a close relative's household.". applies only to those who actually live WITH their close relative, although it is open to interpretation.

any one else had any experience of this?

Fran

sara_501 wrote:

Thanks Fran,

I think I'll have to, although for anyone else reading, the under 25 rules only apply to single adults without children.

I also think (though don't quote me) that the DWP Website "You cannot usually get Housing Benefit if you live in a close relative's household.". applies only to those who actually live WITH their close relative, although it is open to interpretation.

any one else had any experience of this?

Yes you would be right about living with the relative in their household, but I suppose the difficulty would be proving that you live seperately and don't share meals etc. (which presumably you would).

Fran

There is some info on the Disability Alliance website regarding the Local Housing Allowance - applicable when renting privately in case you are in one of the pilot areas. Do you really want to give up a Housing Association place though? Can't you be rehoused - after all you are moving into a property with only one spare bedroom so really you are moving into an overcrowding situation. If your present property has only one bedroom you should have some priority anyway.

sara_501

My present accomodation has 2 bedrooms, I have no priority with the local council and have tried in vain to get rehoused with them.

the property I wish to let from my father is currently unoccupied so I wouldn't be living with him or sharing meals.

Phil_rich

When i looked into this exact same situation of renting off my farther i was told i would not be allowed to have housing benefits to help me pay as my landlord was my father.

Now i have a private landlord i do get some housing benefit, strange way of doing it but that doesnt bother me now as i have a nice house now.

Hope you have more luck.

november

sara_501 wrote:

and he said that as long as it was done "properly" ie. through a letting agent, with a tenancy agreement and that my dad had to promise to treat me like any other tenant, AND subject to a 'fair rents' determination it would be ok.

The only reason I can think of as your father isn't resident that they may not pay is if 'the local authority considers that your liability to pay rent has been created to take advantage of the HB scheme.'

I don't see why that should be seen as the case if it is done via a letting agent particularly as it will involve you in paying agents fees and putting down a deposit.

what I'm wondering is how much the council would be willing to pay (what they deem a 'fair rent'?) on my behalf and if the advice I've been given already is correct.

To check that out and check if they are likely to pay housing benefit on the property get a pre-tenancy determination done.

You get the PTD form from your local council and send it off or take it back. They should reply within a week with an estimate of how much housing benefit they will pay on that property. That will tell you what the 'fair rent' is for a) that property and b) someone with your family circumstances letting it (by that I mean that you have a '2 bed need'). What a PTD won't do though is take into account your income above benefits level so don't take that as an actual amount you will get from housing benefit if you have a higher income than basic income support level.

I am assuming you don't live in one of the new trial Pathfinder areas by the way.

fatbelly

november wrote:

The only reason I can think of as your father isn't resident that they may not pay is if 'the local authority considers that your liability to pay rent has been created to take advantage of the HB scheme.'

And the Welfare Benefits Handbook says 'your (tenancy) agreement does not take advantage of the HB scheme just because the landlord is your parent'

It looks as if a court case in 2001 clarified this position, so people with earlier experience may have been treated differently.

November's advice seems good to me.

Savvy_Sue

Fran wrote:

Can't you be rehoused - after all you are moving into a property with only one spare bedroom so really you are moving into an overcrowding situation.

I don't think two bedrooms for a household with one child is considered overcrowding! I'm not even sure that an adult sharing a bedroom with a child is considered a problem until the child is much older than 3. I know that siblings of different sexes are considered fine in the same bedroom until the age of 12, don't know if that's the same for adult/child.

Scarlett1

Phil_rich wrote:

When i looked into this exact same situation of renting off my farther i was told i would not be allowed to have housing benefits to help me pay as my landlord was my father.

same with me :mad:

the benefits agency told me that they do not pay housing benefit to people who live in a property owned by a relative, being it a sister, brother, mother, father, uncle or aunts house