Help with Renting from Family

film_gal

She probably isnt claiming everything she is entitled to as I dont really know what she would be entitled to, benefit wise. She has severe arthritis and depression, has diabetes and psoriasis. Would she even be entitled to anything?

I have already issued an 'eviction notice' which states the end of September but even this has not sped up the council in reviewing her claim. She submitted the letter as part of her claim.

BigAunty

The Shelter website has good information about homelessness process that a council undertakes, how they decide who is a priority for assistance and what things they take into account.

It will detail what the council is supposed to be doing rather than perhaps how they may action it - some councils have terrible reputations for not meeting their statutory obligations towards the homeless. Make sure you both know her rights and their obligations.

Those with disabilities and medical issues may be considered more vulnerable and therefore classed as a priority for assistance by councils. Read up on this on the Shelter website and on your council's social housing policy.

Unless it's changed, councils tend not to class someone as homeless until they have insecurity of tenure of less than 28 days - does anyone know the position on this nowadays? If not, the Shelter website will be very specific about this.

Generally, in England anyway, the housing support giving to single people without disabilities and dependents can be extremely limited, bordering on the atrocious and this is quite legitimate as they can get away with just providing 'advice' and not have to provide any housing.

bloolagoon

What is mums local authority?

We can link you to see the council properties of they offer the bidding scheme

RAS

film_gal wrote: »

She probably isnt claiming everything she is entitled to as I dont really know what she would be entitled to, benefit wise. She has severe arthritis and depression, has diabetes and psoriasis. Would she even be entitled to anything?

I have already issued an 'eviction notice' which states the end of September but even this has not sped up the council in reviewing her claim. She submitted the letter as part of her claim.

The Council are probably relying on you continuing to let her live there because you have done for the last 5 years.

You need to talk to mum about the process of eviction and to get her to go to CAB or whatever other housing advice is available locally. Has she tried AgeUK?

Sadly on October 1 you need to start court proceedings. That might help the Council understand that you are serious.

Do you have consent to let or is it a BTL mortgage? Do you have the proper gas certificates etc? How much needs dong to make it marketable as a rental property? Would you get enough to cover the mortgage?

rogerblack

film_gal wrote: »

She probably isnt claiming everything she is entitled to as I dont really know what she would be entitled to, benefit wise. She has severe arthritis and depression, has diabetes and psoriasis. Would she even be entitled to anything?

I have already issued an 'eviction notice' which states the end of September but even this has not sped up the council in reviewing her claim. She submitted the letter as part of her claim.

Not actually taking further action to evict her at the time specified in the notice will make your case that you would ever really evict her extremely weak.

As to benefits.
It is possible she has an existing claim for disability living allowance, or attendance allowance if she has applied in the last 5 years.

You need to investigate what she's being paid.

If she is not claiming DLA/AA, she needs to make a fresh claim for attendance allowance.

This can be up to 82 pounds a week - if she requires a lot of help day and night.
(this is reasonably requires - it is _NOT_ allowable to state she has no needs simply because she hasn't yet died due to self-neglect)

An assessment by adult social services is also a really good idea.
They may also be able to speed up other departments.

Are you allowed by the mortgage provider to not live in the property, and to effectively have someone house-sit long-term?

If not, asking them if you can do this may trigger action on the mortgage providers behalf saying 'move her out', which would be much less arguable.

Housing_Benefit_Officer

A change in the owners circumstances would be a good reason to start charging rent to the person occupying. The Council will ask lots of questions to establish if the tenancy is commercial and not contrived.

This old circular might help - if you Google search it you should find it on the internet - ADJUDICATION AND OPERATIONS CIRCULAR HB/CTB A30/1995DWP

ii) Rent charged after rent free period: a number of landlords allow tenants (especially relatives) to live rent free in their properties for a number of years. The fact that such a landlord starts to charge rent does not necessarily mean that the liability is contrived, even if the tenant could not meet the liability without Housing Benefit. When determining claims where landlords have started to charge rent after a rent free period, you should consider the following:
a) Is there a liability to pay (see paragraphs 7 et seq of this circular)? Without this there can be no Housing Benefit entitlement.
b) when did the rent liability start? If the landlord starts to charge rent at the same time that it becomes likely that the claimant may be eligible for Housing Benefit (for example the claimant retires or become entitled to Income Support) then it is possible that the liability has been created to take advantage of the Housing Benefit scheme. It is less likely that a liability has been created in this way if it starts after there has been a change in the landlord's financial circumstances after the claimant has lived rent free for a long period during which they would probably have been entitled to Housing Benefit if liable to pay rent.

film_gal

Thanks guys. I tried to call Shelter today and couldnt get through, so I looked for housing advise local to my mum on their website and it suggested the CAB in Biggleswade (mum's council is Bedfordshire). I persistently tried to call them this morning and eventually got through and they said they would call me back tomorrow to make an appointment. Although many forums said the advice from CAB's can be hit and miss.

I dont know what council properties are or would be available, forgive me I have no idea where to even start. I am happy to try and find her somewhere else. Someone mentioned to me about discretionary housing payments.

Does anyone know if you have to find a property first before you apply for housing benefit or if you apply first?

I have had the house assesed for rental and they think I could get £600-700 per month and my mortgage is £750. Anything to reduce the strain on us now would be better than nothing. Mortgage is not on buy to let.

rogerblack

film_gal wrote: »

I have had the house assesed for rental and they think I could get £600-700 per month and my mortgage is £750. Anything to reduce the strain on us now would be better than nothing. Mortgage is not on buy to let.

If the mortgage is not on buy to let, do not assume that you can easily change over to be able to rent it out.

bloolagoon

film_gal wrote: »

Thanks guys. I tried to call Shelter today and couldnt get through, so I looked for housing advise local to my mum on their website and it suggested the CAB in Biggleswade (mum's council is Bedfordshire). I persistently tried to call them this morning and eventually got through and they said they would call me back tomorrow to make an appointment. Although many forums said the advice from CAB's can be hit and miss.

I dont know what council properties are or would be available, forgive me I have no idea where to even start. I am happy to try and find her somewhere else. Someone mentioned to me about discretionary housing payments.

Does anyone know if you have to find a property first before you apply for housing benefit or if you apply first?

I have had the house assesed for rental and they think I could get £600-700 per month and my mortgage is £750. Anything to reduce the strain on us now would be better than nothing. Mortgage is not on buy to let.

This is the council availability now (need to register)

http://www.homeconnections.org.uk/BEDS_HF/CFELogin.jsp?logOutSuccess=logOutSuccess&partnerName=BEDS_HF&changeCss=CFE.css&colorSchemeText=0&websiteformat=graphical

If you click on this link it gives you an idea of how long people waited (it's the links at the bottom of the page)

http://www.homeconnections.org.uk/BEDS_HF/CFESocialHousing.jsp?selectedMenu=SocialHousing

Your mum should be given highest priority if homeless and health problems.

film_gal

Yes from some enquiries that I have made it seems it is rarely declined to have permission to rent even on a current residential mortgage.

I am just at my wits end and I have no siblings and I dont know what her rights are (she clearly cant help me in any logical way) and I dont know what to do for the best and the council seem to be ignoring us.