Renting house from son

vintagebrighton

Hi, I have a query if anyone can help please.

I rent a house from my son and claim UC and disability benefits. Obviously as UC is a working age benefit, I will have to claim HB when I reach state pension age. As I understand it, HB doesn't allow renting from a close family member, is this still the case? What will happen when I get to 67? Will I have to find somewhere else to live? Thanks for any advice you can give.

VB x

HillStreetBlues

vintagebrighton said:

Hi, I have a query if anyone can help please.

I rent a house from my son and claim UC and disability benefits. Obviously as UC is a working age benefit, I will have to claim HB when I reach state pension age. As I understand it, HB doesn't allow renting from a close family member, is this still the case? What will happen when I get to 67? Will I have to find somewhere else to live? Thanks for any advice you can give.

VB x

Do you have a formal agreement? Do you currently claim the housing element of UC?  Does your son have other properties that he rents?

vintagebrighton

Yes we have a formal agreement and I claim the housing element of UC. My son doesn't have any other properties. Thanks

HillStreetBlues

Just to check, does your son live at another address to you?

vintagebrighton

Yes, he hasn't lived with me for many years as he's in his late 30's

HillStreetBlues

vintagebrighton said:

Yes, he hasn't lived with me for many years as he's in his late 30's

Then AFAIK  the rules are the same for the housing element of UC and for housing benefit.
For you to be getting the HE as long as you informed them  you were renting from your son, they must have classed it as you are "liable" for rent payments.
That would mean your son would treat you like any other tenant, so no-payment would mean eviction.
It is possible that a claim of HB could reach a different decision, but the fact UC is paying it bodes well.

I believe certain things help when they make a decision, as if your son has a mortgage on the property you live it, they will go in in your favour.

vintagebrighton

Thank you for your help, much appreciated.