can I claim housing benefit if my landlord is also my boyfriend

jane1823 · 26 August 2012 at 1:19PM

I am having to move out of my current private rented house and my boyfriend has 2 that he has been renting out for 15 years. He lives in his own house with his mum and brother. He has said that I can rent one of them which has come empty and it is ideal as it means I can take my 3 dogs an 2 cats with me an the 2 kids. But I only work part time and claim housing benefit for half my rent and council tax benefit. Would I still be able to do this even tho he is my boyfriend?? Or is there a law against it?? The council have been letting them for him in the past to DSS tennants but he is willing to let me live there but he cant drop the rent enough for me to be able to afford it without benefits as he has still got a mortgage on it.....or should I keep looking for one with a landlord that I dont know?

pickpocketlocket · 26 August 2012 at 1:23PM

The fact that he is even considering lowering the rent would imply that this is not a commercial tenancy. Would he be staying over at all? Would he evict you if you could not pay? These are the kind of questions that the LA will ask.

jane1823 · 26 August 2012 at 1:32PM

No he isnt considering lowering the rent......I was just meaning that if I cant claim the benefit then i cant afford to live there. He couldnt drop the rent because he has to get a certain amount to cover the mortgage. I would have a proper tennancy agreement like his other tennants. He does occaisionally stop over....maybe once or twice a week but only when my kids are at their dads and when his brother is home to see to their mum as she needs constant supervision but I thought that was ok? If it isnt allowed thats fine....i will just have to look around for a pet friendly landlord....and he will get a new tennant through the council. But if we could satisfy the criteria....would it be legal? Am scared of doing something that isnt and then having nowhere to go.

pickpocketlocket · 26 August 2012 at 1:49PM

You need to contact the LA and be honest about your relationship - only they can decide whether it will be viewed as contrived, or whether you are deemed partners for benefit purposes.

If you can find somewhere else, I would, simply because even if it is allowed now there may be a time where he stays more often, and then you are hitting a grey area. In the longer term it would be less hassle for you to have no relationship with the LL.

jane1823 · 26 August 2012 at 1:54PM

Thanks....you have more or less confirmed what i thought. I will get back to the vacant houses section......it was worth asking though as it would have been so easy for me to take the animals there. thanks again

Pennywise2012 · 26 August 2012 at 3:43PM

Another thing to consider is this - what if you split up? Not nice, I know, but especially with having kids to consider, you need to be living somewhere secure. The last thing you want if the relationship turns sour is to end up homeless, or even worse, wanting to end the relationship but feeling that you can't because you'll lose your home. I think 'don't mix business and pleasure' is relevant here

jane1823 · 26 August 2012 at 9:07PM

Yes i suppose you are right about that. I dont want to be needing to move again in 6 months. Would it be ok if I asked a different (female) friend of mine if she has any of her 6 properties available........I assume that wouldnt be a problem as she is just an acquaintance??

CAB_Wyre_Forest_representative · 27 August 2012 at 9:05AM

jane1823 wrote: »

Yes i suppose you are right about that. I dont want to be needing to move again in 6 months. Would it be ok if I asked a different (female) friend of mine if she has any of her 6 properties available........I assume that wouldnt be a problem as she is just an acquaintance??

Hi
I see that you have already been given good advice. Renting from a friend would not contravene HB rules but be careful of the other factors as mentioned in other posts.
Meanwhile you can read the rules on renting from family at the Shelter website: http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/housing_benefit_if_renting_from_a_family_member

jane1823 · 27 August 2012 at 11:54AM

thanks for that link.....I dont see as it says I couldnt....just that maybe they would take more interest in me which is fine as i wouldnt be trying it on. It would maybe mean altering the policy to cover things like what would happen if we split.......but my friend says she has one coming free in a few weeks soif i can talk the kids into sharing a bedroom I may just go there for the easiest option.

can I claim housing benefit if my landlord is also my boyfriend

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