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Renting to ex partner

My partner is looking to rent his house (mortgage wholly in his name) . When he told his ex partner, which he has 2 children with, they were not married and he pays child maintenance to, she said that she'd like to rent it as the children like the house and are attached to it. Since their split, she has always rented elsewhere and my partner and I are living elsewhere. Obviously we are getting a legal tenancy agreement set up but what happens if she doesn't pay rent? Is he obliged to put a roof over his children's heads (she also has a child by another man)?
He's always paid maintenance towards his children and has them 10 nights a month, I'm just worried she'll try to not pay one way or another.
Anyway thoughts are appreciated.
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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 29 August 2017 at 9:33PM
    His legal obligations as a landlord will be entirely separate from his legal obligations as a father or ex-partner.

    However this is a mad idea. The emotional links, and history, will inevitably impact on his actions as a landlord. Talk him out of it.

    Plus read:

    * New landlords: advice, information & links

    from

    * Tenancies in Eng/Wales: Guides for landlords and tenants
  • tom9980
    tom9980 Posts: 1,990 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've helped Parliament
    He shouldn't do this under ANY circumstances.
    When using the housing forum please use the sticky threads for valuable information.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    This may not be relevant now, but it may be in the future, but I am 99% sure that housing benefit can not be paid if the landlord is the parent of a child in the house...

    If they ever lived in it together (implied by the children being attached...) you can double down on that 99%.
  • Is he prepared to evict his children from the house if she doesn't pay?
  • tom9980 wrote: »
    He shouldn't do this under ANY circumstances.

    100% this ^^^^^

    You can bet your bottom dollar that as soon as she's in there, she won't pay any rent and your partner won't be able/willing to do anything about it.

    I imagine that would put a huge strain on your own relationship with him.

    Just curious - why don't you and he live in his house?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    This may not be relevant now, but it may be in the future, but I am 99% sure that housing benefit can not be paid if the landlord is the parent of a child in the house...

    If they ever lived in it together (implied by the children being attached...) you can double down on that 99%.

    Only if it's considered a contrived tenancy- if there is rental history in the property he would be ok
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Guest101 wrote: »
    Only if it's considered a contrived tenancy- if there is rental history in the property he would be ok

    There are specific rules which are different than just 'renting to family' This isnt an adult child renting from their parents, or an aunt renting to a nephew. Its a man receiving housing benefit in order to house his own child. It doesnt fly.

    Very very few awards would be made where a parent of a child receives housing benefit for the house their child lives in, especially when the house was previously shared (unconfirmed in OP)

    It goes beyond contrived when a parent is expecting to receive HB on behalf of their own children. Theres more to consider.
  • She does work full time and doesn't get housing benefit
  • Thanks...we live about 50 miles away for for my work. It would be too far of a commute for me
  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
    Part of the Furniture 10,000 Posts
    Why don't you just sell it, then?
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