Housing benefit and renting from a partner (with a separate right to buy issue)

badgerchow

Thanks Alice. From your link I feel like this part is particularly relevant.

"The burden of proof remains with the decision maker and what must be shown is that the intention to take advantage of the HB scheme was present at the time the tenancy was created although the fact that a future advantage was anticipated at the time the agreement was created is sufficient."

at the end of the day in my specific situation I am ultimately considering this because it WOULD be beneficial to one or both of us at least in the short term and assuming no relationship squabbles, and in particular, I'd be buying the property for the intent of renting it to her which i feel like make its a contrivance?

if I was already a landlord and happened to have a spare home, and also if she was in danger of being kicked out of her current home, then perhaps the situation would be more different 

I think at this point I'll reach out to the LA/decision maker and ask, on the off chance, but won't pursue this line much more without something in writing from the LA.

it's more likely that we'll go down the lines of  working together to get her the money to buy her current house on right to buy.

appreciate everyone's time.

peb

Not from a benefit point of view (lots of knowledge above) but from a practical point it's not possible.    To exercise the right to buy your girlfriend would need to be on the Title and thus the mortgage ,  so you couldn't let it to her.  The only possible way (which would mean no housing benefit) would be if you saved sufficient by the time she could exercise the RTB, she purchased the property in her sole name and you lent her the monies - as such a private mortgage.   I've acted for folk who've done this (adult children to enable parents to purchase) however not every Local Authority / Housing Association permit it.

calcotti

peb said:

Not from a benefit point of view (lots of knowledge above) but from a practical point it's not possible.    To exercise the right to buy your girlfriend would need to be on the Title and thus the mortgage ,  so you couldn't let it to her.

That wasn’t what OP asked. They asked about buying a house and letting it to her OR helping her exercise her right to buy with a joint mortgage.

MissFlossy222

Another thing to consider: her current rent is presumably covered by HB. But social housing rent is much lower than private renting.
If she rented from you, you would have to charge her the going rate for a private rental. She would still only be entitled to the LHA, how would she afford the shortfall? 

peb

@calcotti I know - the point I'm trying to make is that from a conveyancing point of view what the op wants isn't feasible so even if you benefit experts could work it out it still wouldn't work