Renting property to husband when separated?

NYM

benniebert wrote: »

......What if's and maybe's are involved doesn't matter.
I am only concerned with the position as it now exists. She was the breadwinner, he lived on welfare benefits.

Just noticed this.....post #42

Housing_Benefit_Officer

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?

So the husband will be paying the rent from his own resources then? Eviction may define if it is a commercial agreement or not. If he can live there rent free why should HB be paid. And no I have never known a non divorced couple to successfully claim HB by renting properties to each other.

benniebert

Housing_Benefit_Officer wrote: »

So the husband will be paying the rent from his own resources then? Eviction may define if it is a commercial agreement or not. If he can live there rent free why should HB be paid. And no I have never known a non divorced couple to successfully claim HB by renting properties to each other.

No, the HB that he is hoping to claim will be used to pay the rent.
Eviction and any and all other terms that make up a commercial tenancy agreement will no doubt be written in to it. However what is written in the agreement need not happen in real life.


After reading the HB regulations that you quoted, I would say that the husband would have a very good chance on securing HB for the flat. Obviously the wife would have to make a watertight tenancy agreement to show that there is no contrivance involved. Plus separation of all financial links would have to take place as well as any post or other correspondence must go to his new address.


As an aside what is the difference if it was one of their children who leaves home and mum & dad buy a place for the child to rent from them using HB as a source of income, or maybe an aged aunt who wants to live closer to her niece or nephew and she claims GPC + max HB & CTS?


Then we have the real life scenario of two people (male & female) living together in the same house and she is given a tenancy agreement by the boyfriend who claims to be gay and is not interested in a female relationship. She/he claims that they live separately - they are just good friends. She claims HB!! In fact the council is Bexley.


I wish then luck with this.

FBaby

However what is written in the agreement need not happen in real life.

Isn't that the definition of cheating benefits? You agree to certain conditions. If one's circumstances change so you can't meet those conditions any longer, you should inform the agency so that benefits are stopped?

I get the feeling that this thread is touching a personal nerve, hence you feeling so strongly about defending OP's intentions.

dodger1

benniebert wrote: »

Sorry but what on earth has that got to do with the OP's question? Why do YOU hope not? Your definition of what constitutes a marriage does not have to be what others believe in. I don't think that the OP wants to hear what your personal opinion is - maybe a sensible answer to the original question, but not an opinion on how they live their lives.

You form opinions and post them, why can't others?

seasideme

soupdragon10 wrote: »

My husband and I are in the process of separating, and he needs somewhere to live. I am in the process of buying a flat, and he hopes to move in there.

My question is, as he is on limited income (disability benefits) can he claim housing benefit as I will own the property?

He has never worked and is not in a position to do so, and I cannot afford to run two households, and quite frankly in the short term don't see why I should. Obviously if we subsequently divorce there will have to be a financial settlement, but in the meantime this seems to be the simplest solution.

The money is a bequest to me to use for my retirement (I have 18 months to go), whereas my husband has nearly 20 years before he is due to retire.

Don't you mean reach pension age, can't retire as he isn't working. This is nothing against you by the way

Housing_Benefit_Officer

benniebert wrote: »

Then we have the real life scenario of two people (male & female) living together in the same house and she is given a tenancy agreement by the boyfriend who claims to be gay and is not interested in a female relationship. She/he claims that they live separately - they are just good friends. She claims HB!! In fact the council is Bexley.


I wish then luck with this.

This is fraud pure and simple.

dacouch

A cynic could look at the situation and form the opinion the couple have agreed the OP will buy a property which he will rent from the OP via HB as a way of "dividing" up the marital home and ensuring he comes out of the marriage with a property.

#JustSaying

eadieb

I think the hb claim would get refused by the local authority. The estranged husband would have to appeal (probably struggling with this added stress on his mental health) and would likely only stand a chance if they appear at tribunal in person, and the poster and husband would have to appear in front of a benefit tribunal judge and explain it all and the judge would probably give them a grumpy look and find against them.

Plus, if housing benefit had been paid already by the council before they found out the full story, they would end up with an overpayment. So if they do go through this route they would need to put the whole lot in writing to the council at the beginning of the claim (and get a receipt)

I think it would be worth the poster getting a benefit check done on the situation for the other benefits her estranged husband could get (possibly council tax? PIP, ESA etc) and this would probably supply plenty for him to live on.

benniebert

Housing_Benefit_Officer wrote: »

This is fraud pure and simple.

Yeah tell me something that I don't know.


Unfortunately this set up has been going on for over 2 years to my knowledge. It just goes to show what goes on behind closed doors.
By the way, someone did come out from Bexley Council to review their situation and left quite satisfied. They were shown two separate bedrooms and the 'boyfriend' insisted that he was gay and had no interest in his female tenant other than as friends whatsoever.