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LHA, renting from parents......so confused :/

Hi :beer:

I currently rent from my parents, and receive some LHA as I am on a low income. When I moved here (was with ex) and we paid privately. When he left, I qualified for LHA and so have received some for the last 2+ years.

Parents have just told me they plan to sell this house :o They are due to inherit some money, and therefore plan to use that plus the proceeds from the sale of this house to purchase a new one.

They have theoretically offered me the next house to rent. Are the council (probably be the same one) likely to see this as some contrived effort, or will I be able to continue receiving LHA as I currently do?
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Comments

  • sammyjammy
    sammyjammy Posts: 8,002 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 10 June 2012 at 8:41AM
    Are the council already aware that you rent from your parents? Is it a formal tenancy?

    If they are aware and your tenancy is formalised I don't see that it would make any difference that you would rent a different house from them.

    However its a larger house then I would imagine they will be charging a higher rent in which case you would need to cover this yourself over and above your LHA.
    "You've been reading SOS when it's just your clock reading 5:05 "
  • emsywoo123
    emsywoo123 Posts: 5,440 Forumite
    sammyjammy wrote: »
    Are the council already aware that you rent from your parents? Is it a formal tenancy?

    If they are aware and your tenancy is formalised I don't see that it would make any difference that you would rent a different house from them.

    However its a larger house then I would imagine they will be charging a higher rent in which case you would need to cover this yourself over and above your LHA.

    Hi

    I assume they know-I declared it, and they took a copy of my tenancy agreement which had all mine and my parents details.

    In this time I have had a change of circs (I came off IS) and they proceeded and I still get some LHA?

    Yes, they would charge more rent and yes I would cover it :)
  • Anubis_2
    Anubis_2 Posts: 4,077 Forumite
    You would be better asking them rather than taking the risk as it could be seen as a contrived tenancy as they are selling the house to buy a new one. I would get it from the horses mouth so to speak or at least speak to welfare rights or CAB if your CAB is good. At the end of the day though the HB office need to agree.
    How people treat you becomes their karma; how you react becomes yours.
  • emsywoo123
    emsywoo123 Posts: 5,440 Forumite
    Anubis wrote: »
    You would be better asking them rather than taking the risk as it could be seen as a contrived tenancy as they are selling the house to buy a new one. I would get it from the horses mouth so to speak or at least speak to welfare rights or CAB if your CAB is good. At the end of the day though the HB office need to agree.

    My CAB are awful-they have been known tor refer people to here :rotfl:

    I am concerned about asking them and if they say yes in theory, and then it turns out to be a no. I was hoping there might be a definitive answer. :o
  • daimonde
    daimonde Posts: 200 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    emsywoo123 wrote: »
    My CAB are awful-they have been known tor refer people to here :rotfl:

    I am concerned about asking them and if they say yes in theory, and then it turns out to be a no. I was hoping there might be a definitive answer. :o

    my LA has seen a huge increase in queries about renting from relatives, enough that we've been advised not to give any definite advise & ask people to apply or at least provide evidence of tenancies, id ask them rather than relying on anything we could tell you.
  • Anubis_2
    Anubis_2 Posts: 4,077 Forumite
    There really is no definitive answer here IMHO - it's a grey area. Yeah I know what you mean about CAB. I guess it varies region to region but ours is pretty awful during my last experience of it but to be fair it was quite a few years ago.

    I would advise speaking to the department that deals with LHA and getting anything stated in writing before making the jump.
    How people treat you becomes their karma; how you react becomes yours.
  • sammyjammy
    sammyjammy Posts: 8,002 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Emsy,

    From what you've said I don't see the issue, its just a straight forward change of address, you'll likely be entitled to same amount of LHA as your income hasn't changed but nobody can tell you for sure.

    Assuming your parents are going to do this anyway then just put the relevant form into the council when the time comes to reapply.
    "You've been reading SOS when it's just your clock reading 5:05 "
  • emsywoo123
    emsywoo123 Posts: 5,440 Forumite
    Anubis wrote: »
    There really is no definitive answer here IMHO - it's a grey area. Yeah I know what you mean about CAB. I guess it varies region to region but ours is pretty awful during my last experience of it but to be fair it was quite a few years ago.

    I would advise speaking to the department that deals with LHA and getting anything stated in writing before making the jump.

    I must live in a generally administratively poor area. :o There is no way on earth my council would put ANYTHING like this in writing-all depends on the general wind direction and waxing and waning of the moon on the day......
  • emsywoo123
    emsywoo123 Posts: 5,440 Forumite
    sammyjammy wrote: »

    Assuming your parents are going to do this anyway then just put the relevant form into the council when the time comes to reapply.

    They will, I am sure, but I can beg them to delay it. I have rented for 14 years, and they are by far the easiest landlords :D (Although even after 2 and a bit years, my dad still asks the day before rent due "So, everything ok for tomorrow?) I've never missed (or been late with!) a payment! :rotfl:
  • Anubis_2
    Anubis_2 Posts: 4,077 Forumite
    emsywoo123 wrote: »
    I must live in a generally administratively poor area. :o There is no way on earth my council would put ANYTHING like this in writing-all depends on the general wind direction and waxing and waning of the moon on the day......

    To be fair I don't think my council would either ;)

    It is a difficult one and unfortunately one you may only have the correct answer to once you re-apply for LHA.
    How people treat you becomes their karma; how you react becomes yours.
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