Gifted a property

DearOhDear

My parents have two buy to let properties, one of which I rent with my wife. We are both disabled and in receipt of DLA, housing and council tax benefit and ESA. My parents are considering gifting us the property we live in so we don't have to claim housing benefit and also as a way of possibly keeping any inheritance I might receive as I am an only child to a minimum thus avoiding a hefty inheritance tax bill if their demise is within the 7-year limit. Although, financially, no better off and also liable for the extra buildings insurance and any running repairs etc, could I still get help with council tax as I do currently? Also, would my ESA be affected?

nannytone_2

the only benefit that would be affected is housing benefit obviously.
all other entitlements remain 9in place

jay1181

Is there not rules in place to stop hb being used to fund rent payments family members or is that just a Scottish rule. Up here no hb will be paid to members of the same family. If you have lied to gain hb up here ALL of it will be clawed back one way or another.

tomtontom

jay1181 wrote: »

Is there not rules in place to stop hb being used to fund rent payments family members or is that just a Scottish rule. Up here no hb will be paid to members of the same family. If you have lied to gain hb up here ALL of it will be clawed back one way or another.

Housing benefit may be paid to a related landlord where there is evidence of a commercial tenancy. I'm not aware that the situation is any different in Scotland.

Edit - the following confirms HB may be claimed in this situation in Scotland.

http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/housing_benefit/housing_benefit_if_you_rent_from_a_family_member

DearOhDear

nannytone wrote: »

the only benefit that would be affected is housing benefit obviously.
all other entitlements remain 9in place

Ok thanks.

DearOhDear

jay1181 wrote: »

Is there not rules in place to stop hb being used to fund rent payments family members or is that just a Scottish rule. Up here no hb will be paid to members of the same family. If you have lied to gain hb up here ALL of it will be clawed back one way or another.

All above board - I had an interview with the council explained the situation and declared in writing. But I can see your concerns.

NYM

Tomtontom !! edit your link :rotfl:

HB if renting from a family member..

tomtontom

NYM wrote: »

Tomtontom !! edit your link :rotfl:

HB if renting from a family member..

* Momentary panic whilst I check I've not posted !!!!!! *

NYM

jay1181 wrote: »

Is there not rules in place to stop hb being used to fund rent payments family members or is that just a Scottish rule. Up here no hb will be paid to members of the same family. If you have lied to gain hb up here ALL of it will be clawed back one way or another.

Sometimes, family will allow/make, certain adaptations to the property to suit the needs of the person living there that private landlords are reluctant to allow, such as special baths/special toilets, lower kitchen units...

NYM

tomtontom wrote: »

* Momentary panic whilst I check I've not posted !!!!!! *

That really made me laugh out loud ! :rotfl:

konark

LA got very upset when it found I was renting from my uncle and stopped my HB. I really can't envisage any arrangement between parents and children to be 'commercially based', certainly not in any caring family.