Renting property to husband when separated?

benniebert

cbrown372 wrote: »

Well you, depending on which way the wind is blowing Andy.

Similar fairy stories :beer:

https://forums.moneysavingexpert.com/discussion/comment/52227219#Comment_52227219

https://forums.moneysavingexpert.com/discussion/comment/63646325#Comment_63646325

http://forums.moneysavingexpert.com/showpost.php?p=67952986&postcount=42

And what may I ask does that all relate to?

helping_hand2014

oh now i see

dippy3103

What about "taking advantage of the housing benefit scheme"? It wouldn't shock me if this scenario fell foul of that.

benniebert

I really do feel for the OP. Here we have three pages of posts and not one of them is trying to help the poster. I honestly thought that the whole purpose of this website was to help people access what is legally theirs in the way of benefits.
Instead every post (apart from mine) has been negative in it's content.

dippy3103

benniebert wrote: »

I honestly thought that the whole purpose of this website was to help people access what is legally theirs in the way of benefits.

It is. However in this scenario it is unlikely that HB would be paid.

I do feel for the o/p- she obviously wants to help him & cares about him, but she needs to find another way.

NYM

benniebert wrote: »

I really do feel for the OP. Here we have three pages of posts and not one of them is trying to help the poster. I honestly thought that the whole purpose of this website was to help people access what is legally theirs in the way of benefits.
Instead every post (apart from mine) has been negative in it's content.

What 'help' were they looking for ?

How to get tax payers money to pay the rent on a property that they own ?

Their marriage may be 'on the brink' and of course they are entitled to live separately if they want to, no one can force them to stay together. That would be outrageous.

The OP has inherited a considerable sum and can afford to purchase another property outright. They have been married a long time and because her husband is on disability benefits she is rightly concerned about his welfare. Just not enough to allow him to live there rent free until they decide on the future of their marriage. Her argument is that she can't afford to run two homes so wants/expects others to do it for her.

You go ahead and advise her that she is doing nothing immoral or 'cheating' the system that incidentally, is intended to help those in need and not for those that want to maintain a property portfolio at the taxpayers expense. Don't expect others to agree.

As I asked earlier, perhaps you could answer how you would 'advise' a woman in receipt of disability payments if they had been kicked out of a property they had lived in with their husband for 20 odd years ?

There you go....even this thread has to be all about you.

fluffymovie

benniebert wrote: »

Is that right? To which subsection of 3.235 would the LA be relying on?


I see it that the flat would be covered, but not the husband's previous property ie the family home. Neither the wife nor the husband had lived in the flat.

Personally, it would be Regulation 9 of the regs that I would be interested in and my reason for this is the way in which the landlord / former partner, is talking about the tenancy.

Creating a tenancy is one thing, showing HB that this is commercial is something else. Not every tenancy is on a commercial basis and this is what the OP would need to demonstrate in order for HB to be paid.

The fact that the OP cares for her 'tenant' does not necesssarily mean that it isn't a commercial tenancy but I would say that there are legitimate questions to be asked.

Housing_Benefit_Officer

...and if Housing Benefit wasn't paid would she evict him?

If the full rent wasn't paid in full would she pursue him for any arrears?

benniebert

Housing_Benefit_Officer wrote: »

...and if Housing Benefit wasn't paid would she evict him?

If the full rent wasn't paid in full would she pursue him for any arrears?

I can't remember ever seeing a tenancy agreement that would say that if HB isn't paid you will be evicted. Non payment of rent yes, but not hb.


Obviously the tenancy agreement will stipulate everything needed to prove that it is a commercial one. Whether she as the landlord would actually consider evicting her husband is another thing. What is on paper, may not be what happens.


Am I right in thinking that given all of the scenario that the OP has quoted will enable HB to be paid provided that the council are happy with the terms and conditions that are stipulated in the tenancy agreement?

lighting_up_the_chalice

benniebert wrote: »

I can't remember ever seeing a tenancy agreement that would say that if HB isn't paid you will be evicted. Non payment of rent yes, but not hb.


Obviously the tenancy agreement will stipulate everything needed to prove that it is a commercial one. Whether she as the landlord would actually consider evicting her husband is another thing. What is on paper, may not be what happens.


Am I right in thinking that given all of the scenario that the OP has quoted will enable HB to be paid provided that the council are happy with the terms and conditions that are stipulated in the tenancy agreement?

The physical tenancy agreement isn't the issue. I can get one of those from WHSmiths. For HB to be paid, the LA must be satisfied that a commercial tenancy exists which isn't being created to take advantage of the HB system.