Claiming HB and renting from ex husband

Hi Sorry to keep asking questions. In wonder if anyone can help me again. I contacted shelter and they quoted from their website
“ you can get universal credit housing costs for rent paid to an ex partner but only if the tenancy is a genuine commercial arrangement.”
Is there less chance of the council accusing me of a contrived tenancy if stay in my current house and rent it from my ex husband. He’s fine with just buying property where tenants are already established.

I looked into universal credit housing entitlement ( universal credit regulation 13, schedule 2) and it talked about needing to have liability to pay rent regardless of whether one does. Can someone explain what the bit below means from ? I read it as I am not liable to pay rent only if a close relative or partner lives with me.

SCHEDULE 2
Claimant treated as liable or not liable to make payments

PART 1
Treated as liable to make payments

Certain other persons liable to make payments

1.—(1) A claimant is to be treated as liable to make payments where the person who is liable to make the payments is—

(a)any child or qualifying young person for whom the claimant (or if the claimant is a member of a couple, either member) is responsible; or

(b)in the case of a claimant who is a member of a couple claiming as a single person, the other member of the couple.

(2) Sub-paragraph (1)(b) does not apply to a person who is claiming as a single person by virtue of regulation 3(4).


PART 2
Treated as not liable to make payments

Liability to make rent and other payments to close relative

5.—(1) A claimant is to be treated as not liable to make rent payments where the liability to make them is owed to a person who lives in the accommodation and who is—

(a)if the claimant is a member of a couple, the other member; or

(b)a child or qualifying young person for whom—

(i)the claimant is responsible, or

(ii)if the claimant is a member of a couple, the other member is responsible; or

(c)a close relative of—

(i)the claimant, or

(ii)if the claimant is a member of a couple, the other member, or

(iii)any child or qualifying young person who falls within paragraph (b).

The Shelter website says this

Claimants not treated as liable
Certain claimants who make payments for their home are treated as not being liable to make housing cost payments, and will not be entitled to the housing cost element of universal credit.

This applies when:[3]

the claimant is liable to make payments to a close relative who lives in the same property. (A close relative is a partner, child or young person for whom the claimant receives child benefit, parent, brother, sister, step-parent, step-child, in-law or a partner of one of these persons.

If I’m right and I can claim housing on universal credit, should I ask if I can move onto universal credit.(even though I will be worse off). It’s just I’m desperate to stay here for mine and my sons mental and physical health.

My sister is keen to get rid of the house even before the mortgage term finishes. It’s such a shame that it seems I cant remain as a tenant in this house if my ex husband is the new landlord whilst I’m on housing benefit as my son is only 15. But theoretically if he was sixteen maybe I could have. It’s just the not knowing of being accused of trying to take advantage of HB.
I’m not sure the council would allow me to transfer to universal credit just so I can claim the housing element and remain as a tenant here. That might suggested I’m trying to play the system.

My only wish is to stay here, yes, I will benefit from this set up in that I won’t have to move even though my landlord will have sold her house. But surely the council will be able to see that it will help my son and I in that we wont have to find new suitable accommodation which is very hard to find here and all the extra cost and stress moving away from family members that provide overnight care will entail.

My head is about to explode, should my ex husband buy the house and then I claim universal credit declaring that I’m renting from my ex husband, or should I just go to the council and explain that my sister is trying to help me by selling her house to a landlord that is wanting to buy an investment property with tenants already in, but the landlord will be my ex husband. I’m just scared that they will accuse me of trying to take advantage. That will make me very embarrassed and upset. My anxiety is through the roof I’ve not slept with worry for many nights.