Could I do this? And how?

[oxcat1]

I am a wheelchair user who moved into a rented flat in late 2016, when I was able to walk with assistance, but now I can't even stand. The sticking point is that my current rental is a basement flat. To get in and out I have to crawl up the external stairs on my bum, while the carers carry my wheelchair up. Clearly this is not sustainable and I need to move.

However, I am really struggling! I have been looking for 5 months now and only even managed to view one property. It is true that my needs are very specific so many flats are unsuitable, but the main barrier has been that I am on benefits.

So far, not a single landlord has been prepared to let to me, only one would even consider letting me view! A relative has offered to lend me 6 months upfront, but even offering that to the agents has not helped as apparently landlords want people who can 'pass a credit check on their own merits'. I don't have a guarantor.

I was wondering if anybody knew if the following was legal and acceptable: I would be the named tenant on an assured shorthold tenancy, but the rent would be paid by aforementioned relative. This arrangement would be totally transparent: if would be he who submitted financial information and underwent the credit checks, but my name as the tenant. Could that be done?

One additional complication: I receive housing benefit. I know I could not receive benefit to pay rent to a landlord to whom I was related, but here the landlord would be unrelated. To apply for HB I had to submit a copy of my tenancy agreement with my own name and monthly rent on. Could I still receive HB, which I would then pay to my relative?

Many thanks.

I'm sorry for your situation, can't answer your questions.

Spreading posts to give you a bump!

You could try posting in the Legal Topic, someone there might be able to help.

Given your circumstances, I would go and see your local CAB who can signpost you to relevant housing agencies who can advise. Have you looked at putting yourself on some housing lists too - council and housing association? I suggest this because chances are they won't be opposed to anyone who receives benefits/housing benefit being a tenant, plus due to the current situation, i can imagine your chance of being placed may be quite high as your current circumstance is not acceptable.

contact your local adult services team, they could even arrange an outside stair lift or help you get adapted housing through the council.

In regard to your rent: I’m the named tenant, and I have someone else as the guarantor.
We both had to pass the credit checks and they had to show proof of funds for the cost of the rent.. I think 3 x the yearly rent to qualify as my guarantor. Even with all this in place it was hard to find someone to rent to me unless I was prepared to give them 12 months In advance.

Only just saw that I received replies. So sorry.

I am afraid that I can't get on the council last as you need to have lived in the area for at least 5 years; I moved here 3 years ago to start again after a divorce. It wouldn't be a problem to get medical certification that my current place is unsuitable, but from what I understand that won't change anything as I simply haven't been here long enough.

My current rented flat is in a listed building so no external modifications are possible. I couldn't even get a key-safe installed.

I had thought that there would be plenty of situations where one relative might pay the rent for another, such as when moving a retired elderly parent, or when a sibling does not have full capacity, but I can't find anything online about renting 'for' others. Is it impossible or illegal, or am I just using the wrong search terms? Someone said it would be subletting, but why if I were the named tenant?

Thanks again. Really appreciate people taking the time to answer.

I suspect that the problem would be that the rent paid on your behalf would be deemed income or income in kind for HB purposes. When they asked to see your bank statements, you’d come unstuck.

Silly question, but are you absolutely sure that five years of residence is the sole way to establish local connection under the letting policy?

This may be a stupid suggestion, but have you placed your own advert for suitable accommodation?
Sometimes there are suitable flats etc. available, but people don't put them on the open market to avoid being flooded with applicants.

I got housing benefit to rent from my half brother. I think it depends on your council. Mine were very clear that we had to inform them if the landlord was a relative as if we lied, we would be taken to court.

Unfortunately for a lot of landlords the insurance and / or mortgage companies will not allow someone on benefits as tenants. I know this is the case for me.