Would my sis buying the flat I rent & receive housing benefit for be classed as a contrived tenancy?

kimberly42

Sorry I couldn’t reply earlier I have to dictate my posts to my carer when she is here for a few hours during the day.

Thanks @HillStreetBlues and @peb for your comments which are more hopeful 

I have now read that if my sister and brother in law were to apply for a buy to let mortgage it would have to be a regulated buy to let mortgage which would probably require a mortgage broker and a £1000 fee, nor guaranteed. 

I have a separate question if anyone is able to answer it, why do they on the housing benefit form ask could you afford the rent when you took on the tennancy? Surely there must be people like me who can only afford the rent because of applying for housing benefit? 

Many thanks, I really appreciate peoples replies. 

kimberly42

* tenancy, not tennancy. 

kimberly42

Sorry I also forgot to ask is there space when applying for housing benefit or universal credit housing element to explain I’ve been living in the property for 16 years or is it just all a tick box and it is just they will see that I have been getting housing benefit for the last 16 years? Sorry I last applied for housing benefit 16 years ago, so not fully up to date with how the form is now. 

Newcad

kimberly42 said:

why do they on the housing benefit form ask could you afford the rent when you took on the tennancy? Surely there must be people like me who can only afford the rent because of applying for housing benefit? 

Yes that's why they ask - to weigh up if you would have applied for the tenancy if you couldn't afford it without getting Housing Benefit (UC Housing Element).

That's not usually a problem with a Social rental tenancy; but it could be a 'contrivance' problem with a private tenancy.

kimberly42

Newcad said:

kimberly42 said:

why do they on the housing benefit form ask could you afford the rent when you took on the tennancy? Surely there must be people like me who can only afford the rent because of applying for housing benefit? 

Yes that's why they ask - to weigh up if you would have applied for the tenancy if you couldn't afford it without getting Housing Benefit (UC Housing Element).

That's not usually a problem with a Social rental tenancy; but it could be a 'contrivance' problem with a private tenancy.

Thanks @Newcad.

Is this implying then anyone who takes on a private tenancy and immediately applies for housing benefit as they cannot afford the rent without it risk having that application refused, or is it only potentially in the case of the new landlord being a close relative?

kimberly42

My carer rang up the housing benefit section at my local council today and they said i wouldn’t have to do a new application if I am staying at this address with a new landlord. I would just need to send in the new tenancy agreement. Would that mean I may not even be asked who my new landlord is? Many thanks. 

DullGreyGuy

The tenancy agreement will identified the landlord; depending on names it may or may not appear as if they're probably related

Bigwheels1111

I live and care for my best friend, To do this I rented out my house to someone.
All fine and simple. The tenants gave notice and moved out.
I had 2 options, sell or rent again.
I had an idea. Why not rent to my friend who I care for and move in with them. 

As she is disabled her 3rd floor property is not suitable.
I won’t go into btl mortgages etc, as might get into trouble with the forum.
But is a funny true story.

So off to the local council to pose a few questions.
My tenants have left and I would like to move my friend in, who I live with and care for in her place. Rented.
Is that allowed as I would be included in the rent cost but own the property.
Turns out that would be fine, let’s call it rule 47 in their book.
As long as she had a tendency and they knew about it up front.
The reasoning is Money, cheaper for them.
Rent LHA capped, cheap full time care £75 a week.
A quarter or the price compared to assisted living and full time carers.
If I was not her carer and listed on the tenancy they would not of even cared who the landlord was.
Due to surname being different.
I believe that they can rent it to you, mortgage being the only issue for them.