Housing Benefit - Unusual Circs as no liability to pay rent.

ian_h

I'm hoping someone more knowledgeable than I about the complexities of Housing benefit can help point me in the right direction with some advice.

The lady in question is 75, and receives full DLA with the full mobility element, is quite unwell with multiple conditions and her current dilemma isn't helping her health so i'm trying to see if she has any options.

She receives a state pension, pensions credit and Council Tax Benefit (Her DLA is disregarded under means testing), and lives in a 1 bedroom privately rented flat.

Her Private Landlord whom she had been paying via Housing Benefit died 2 or 3 years ago and in his will he left her property (and his own which they immediately sold) to a friend of his, but stipulated the tenant could continue to live there *RENT FREE* until she died, as long as she paid for the upkeep of the property.

Whilst undoubtedly driven by good intentions this has meant that the tenant is presented with large bills for her share of the buildings insurance and the communal service charges as well as having to get boilers serviced and certified etc.

She has not got a tenancy agreement (but the right to stay makes her contractually responsible for costs) and has now heard that the management company need to do major repairs to the roof which will cost each flat circa £7-10k - she doesn't have any savings at all and no income to be able to secure loans etc.

*IF* things had remained as they were and she was still a tenant claiming housing benefit these bills would have fallen to the flat owner, however due to this arrangement, this lady is now facing bills she cant pay.

The new owner who received the property as a gift is very aggressive and resentful of this lady being able to live there rent free and thinks nothing of turning up and shouting and threatening the lady on the doorstep demanding immediate payment of whichever bill she is presented with.

Is there ANY chance she can get any help for these costs (and I admit it looks unfair that the new owner of the property gets to avoid paying this but the facts of her situation are as detailed above).

She's REALLY worried, of course she appreciates the lifetime security she was given but now finds the insecurity is financial rather than due to short term tenancy renewal worries.

Any advice, help or pointers would be very gratefully received and thanks for sticking with the long post!

- As requested by some replies here is the detail from her landlords will:

I GIVE free of tax all my estate and interest (if any) in the property known as XXXXXXXX ('the House') to my Trustees on trust for sale on the following terms:

(i) My Trustees shall permit *THIS LADY* ('the Occupant') to live in the House without payment to them so long as she wishes and so long as she keeps the House in repair, insures it and pays all outgoings relating to it

(ii) While the Occupant is entitled to live in the House my Trustees shall not sell it without her consent

(iii) When the Occupant has ceased to be entitled to live in the House my Trustees shall hold it as part of my residuary estate

Afraid_of_Kittens

Simple answer is no.

She could give up her right to live rent free and become a tenant again.

pmlindyloo

It would be interesting to see the actual will of the previous landlord regarding 'as long as she paid for the upkeep of the property' - was this specified in the will.

Going down this route would need legal advice.

As she is on guarantee pension credit then if she did pay rent then the service charges could be also included in her assessment and she would be eligible for housing benefit.

Sounds a bit of a mess. Obviously she is not going to be able to afford the cost of the new roof and the ongoing management fess etc so she really has two choices.

1. As Darksparkle says, give up her right to live there rent free and claim HB. (not sure if this would require a letter drafted by a solicitor) Owner then responsible for insurance and repairs and becomes her landlord.
She then does face the possibility of being evicted.

2. Take the initiative and find alternative housing - sheltered housing maybe - the local council may be able to help.

It would be interesting to see what would happen if she just refused to pay the roof repairs.

Perhaps copy and post your question on the housing forum - explain that you have received advice about the benefits aspect but need advice about the repair situation etc.

ian_h

Thanks pmlindyloo I have posted the will above in the original post. I will as you suggest post in the Housing forum too for additional advice. :beer: