Housing benefit (Scotland) - renting from friends/family

halfajack

Firstly, I'm going to put it out there that I have read about 'contrived tenancies' not being allowed and I don't need people to reply telling me about it. I'm only looking for positive advice, if it's available, on how this could be done in an acceptable way. Here's the scenario: 
Alice is 76 in lives with her husband, of over 50 years, who has been emotionally abusive towards her for many of these, and particularly more recently, so much so that she feels uncomfortable in her own home and can't talk about anything else much when with her family. She has taken advice about moving out of the family home away from her husband and has tried unsuccessfully to get council or housing association housing. Her son Alex's partner Julie (they live together in a mortgaged flat in Alex's name but are not married or civil-partnered) is interested in investing in a flat to rent and would be very happy to rent to Alice for as long as she would wish to live there. Alex and Julie have worked out that it will be easier to get a mortgage jointly based on both their salaries but have been told by mortgage providers that they can't get a buy-to-let mortgage if renting to family. The way around this would be for Julie to be the sole owner/mortgage applicant, though might make getting a mortgage more difficult. The council have confirmed they check the landlord registry before granting housing benefit (which Alice would need to afford rent) to private lets so Julie would have to register and they are unclear if that would require proof of a buy-to-let mortgage in itself? Shelter's advice say renting from family or friends can be allowed for benefit purposes but I can't work out how this can be made to work within these restrictions. Any suggestions are welcome. 

poppy12345

If they aren't already landlards then personally, i can't see how she would be able to claim for help with the rent because they would be buying the property purely for her to live in, even if it's in her son's partner's name. I'm sure others will give their thoughts too.

halfajack

poppy12345 said:

If they aren't already landlards then personally, i can't see how she would be able to claim for help with the rent because they would be buying the property purely for her to live in, even if it's in her son's partner's name. I'm sure others will give their thoughts too.

Thanks Poppy. Yes, that is what I thought. But what if she didn't claim housing benefit till later on? She has enough in savings to keep her going for a while but would be relying solely on her pension after a while, which wouldn't cover rent. 

calcotti

Regardless of the HB would be worth checking whether if she was living alone she would be entitled to Pension Credit to top up her other income.

halfajack

calcotti said:

Regardless of the HB would be worth checking whether if she was living alone she would be entitled to Pension Credit to top up her other income.

Thanks - I will pass that on. 

poppy12345

halfajack said:

poppy12345 said:

If they aren't already landlards then personally, i can't see how she would be able to claim for help with the rent because they would be buying the property purely for her to live in, even if it's in her son's partner's name. I'm sure others will give their thoughts too.

Thanks Poppy. Yes, that is what I thought. But what if she didn't claim housing benefit till later on? She has enough in savings to keep her going for a while but would be relying solely on her pension after a while, which wouldn't cover rent. 

There's still very likely going to be an issue because it does sound like they are only purchasing the house for her to live in and claim housing benefit to cover the rent. I realise this isn't what you want to hear but it is what it is.

Renting privately can also be an option, although granted it won't be easy to find a landlord that will accept someone claiming benefits but if her son can be a guarantor for her and if she could possibly pay 6 months rent in advance, this will also help.

halfajack

poppy12345 said:

halfajack said:

poppy12345 said:

If they aren't already landlards then personally, i can't see how she would be able to claim for help with the rent because they would be buying the property purely for her to live in, even if it's in her son's partner's name. I'm sure others will give their thoughts too.

Thanks Poppy. Yes, that is what I thought. But what if she didn't claim housing benefit till later on? She has enough in savings to keep her going for a while but would be relying solely on her pension after a while, which wouldn't cover rent. 

There's still very likely going to be an issue because it does sound like they are only purchasing the house for her to live in and claim housing benefit to cover the rent. I realise this isn't what you want to hear but it is what it is.

Renting privately can also be an option, although granted it won't be easy to find a landlord that will accept someone claiming benefits but if her son can be a guarantor for her and if she could possibly pay 6 months rent in advance, this will also help.

Thanks. It's not about what I want to hear - they need to know the reality of the situation. They have looked into private renting but there's a real dearth of rental properties in the area. 

KatrinaWaves

halfajack said:

KatrinaWaves said:

halfajack said:

KatrinaWaves said:

poppy12345 said:

If they aren't already landlards then personally, i can't see how she would be able to claim for help with the rent because they would be buying the property purely for her to live in, even if it's in her son's partner's name. I'm sure others will give their thoughts too.

Positive advice only Poppy! 

Yes this will definitely work! I see no issue. Go ahead and crack on. None of the issues you have presented will be an issue. 

No need for the sarcasm, Katrina. I appreciate Poppy's honest thoughts but would also welcome other solutions to help this abused elderly women, rather than what you've provided which is really insensitive given the context. 

It’s not though is it. Her son has the means to help her, as he can afford to buy her a flat to live in, but will only do it if housing benefit covers the cost. So, not actually helping her at all. 

He could use his investment money to help her find somewhere to live, rather than looking for ways to get her benefits to cover it when as you can see there are rules to prevent people taking advantage of the benefits system. 

If my mother was being abused she’d be in my spare room, or I’d convert my garage. Or whatever. I wouldn’t say ‘well I’ll buy a flat for you to live in but only if you can claim benefits to pay for it’ 

don’t act like they are doing everything in their power to help this ‘elderly abused lady’ when they’re not, there is plenty they could do but the want someone else paying for it... 

You know nothing of the situation. Not that it's any of your business but the son doesn't have a spare room or a garage to convert. He and his partner live in a small flat and are not well off. The mother at least has space in her existing home. They've worked hard to save the money they have and had intended to use it to invest in property in order to better their own situation and now that existing plan can have added benefits. They can't afford to buy outright or to pay mortgage payments without rent coming in. I don't need any more nasty replies from you. 

Sorry but I don’t see how that makes it better. He is only wanting to better his own financial situation and not his mother escaping an abusive situation. ‘Added benefits’ yeah literally added benefits. 

What’s the space in the mums house got to do with anything? You say she’s being terribly abused?! I’m also struggling to see how an elderly women fleeing domestic abuse cannot be housed in a refuge or alternative housing. Yes it may be a hostel or B&B in the first instance. What was the reason given for them being unable to find her temp or emergency housing? When she divorces the abusive husband will she be getting  a financial amount from joint savings, pensions or property?

pmlindyloo

Let's take out the HB aspect of it and look at some other possible problem areas.  Apologies in advance as have no idea of son's relationship or financial situation.
Given that it looks like the son's partner will be taking out the mortgage would the HB be sufficient to cover the mortgage?  The lady would only be entitled to the one bed rate of the local housing allowance.
Given the lady's age would she require a particular type of property?  NO satirs/warden assisted?
What is the lady's current housing situation?  Is there a joint mortgage on the property?  Joint tenancy?  Are they getting divorced?  Any money/assets to be shared? Answers to all these questions will make a difference to how to proceed.
As regards son's partner taking out a mortgage what would happen if son and partner separated?
Providing a property for the lady may not be as simple as it seems.  In fact, there may be a much simpler answer in the form of housing for the over 60s or helping with finding a private let - both physically and financially. 
So many questions to answer both short term and long term.

poppy12345

halfajack said:

KatrinaWaves said:

halfajack said:

KatrinaWaves said:

poppy12345 said:

If they aren't already landlards then personally, i can't see how she would be able to claim for help with the rent because they would be buying the property purely for her to live in, even if it's in her son's partner's name. I'm sure others will give their thoughts too.

Positive advice only Poppy! 

Yes this will definitely work! I see no issue. Go ahead and crack on. None of the issues you have presented will be an issue. 

No need for the sarcasm, Katrina. I appreciate Poppy's honest thoughts but would also welcome other solutions to help this abused elderly women, rather than what you've provided which is really insensitive given the context. 

It’s not though is it. Her son has the means to help her, as he can afford to buy her a flat to live in, but will only do it if housing benefit covers the cost. So, not actually helping her at all. 

He could use his investment money to help her find somewhere to live, rather than looking for ways to get her benefits to cover it when as you can see there are rules to prevent people taking advantage of the benefits system. 

If my mother was being abused she’d be in my spare room, or I’d convert my garage. Or whatever. I wouldn’t say ‘well I’ll buy a flat for you to live in but only if you can claim benefits to pay for it’ 

don’t act like they are doing everything in their power to help this ‘elderly abused lady’ when they’re not, there is plenty they could do but the want someone else paying for it... 

You know nothing of the situation. Not that it's any of your business but the son doesn't have a spare room or a garage to convert. He and his partner live in a small flat and are not well off. The mother at least has space in her existing home. They've worked hard to save the money they have and had intended to use it to invest in property in order to better their own situation and now that existing plan can have added benefits. They can't afford to buy outright or to pay mortgage payments without rent coming in. I don't need any more nasty replies from you. 

You may not see it as anyone else's business but you came here asking for advice, which you were given. If we don't at least know some of the situation then how is anyone supposed to give the advice.

halfajack

KatrinaWaves said:

Sorry but I don’t see how that makes it better. He is only wanting to better his own financial situation and not his mother escaping an abusive situation. ‘Added benefits’ yeah literally added benefits. 

What’s the space in the mums house got to do with anything? You say she’s being terribly abused?! I’m also struggling to see how an elderly women fleeing domestic abuse cannot be housed in a refuge or alternative housing. Yes it may be a hostel or B&B in the first instance. What was the reason given for them being unable to find her temp or emergency housing? When she divorces the abusive husband will she be getting  a financial amount from joint savings, pensions or property?

He is not looking to better his financial situation - they were as a couple and now they've found that his mother could benefit from that as a side-effect as she needs somewhere else to live. The space has a lot to do with it. She is able to sit away from her husband during the days and only has to pass by him to get to and from the kitchen (which is pretty horrible, I think). I said she is being emotionally abused and you're deliberately writing as if I've exaggerated that. There are many different types of abuse that don't necessarily require or result in emergency accommodation, especially when family dynamics beyond the couple are also complicated, which is also relevant to your divorce point. The woman's wishes have to be respected and she does not want to be in temporary accommodation and going through a divorce at the age of 76, OK Katrina? I'm asking you again politely not to reply. I was asking for solutions and if there aren't any, that's fine. What I don't need is nasty people like you mocking the situation. Go and find another mug to bully.