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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To ask about housing/council tax benefit

31 replies

CoffeeAndBiscuitsPlease · 25/06/2015 22:08

Hi everyone,

I know there is a finance thread but I need to find traffic to see if someone may have been in the same situation as me.

There is a chance my job may be on the line, and I am the breadwinner of the family, my partner works part time minimum wage.

We currently rent of my partners dad. His dad bought the house, and we have a proper tenancy agreement and we pay monthly by direct debit. It is the only house he owns as a landlord.

Does anyone know if housing and council tax benefit will be affected by this because the landlord is direct family? I can't seem to get a definitive answer and wondered if anyone had ever been in the same boat.

OP posts:
AntiHop · 25/06/2015 22:11

You could call your local council's housing benefit department and ask. You could speak to them anonymously.

AtAmber · 25/06/2015 22:18

You won't get a definite decision until you put a claim in. It's possible that you could get Housing Benefit but each claim is decided individually in a case like this. Some councils seem to be stricter on claims like this. The one I work for now seems to refuse most claims where a relative is the landlord. You and your landlord may both have to complete an extra form giving more details about the tenancy. They will look at whether this is a commercial tenancy. Was it rented out before you moved in or did your fil buy it for you to live in?

Bunnyjo · 25/06/2015 22:26

For our local council there is a specific question that asks whether or not you are related to the landlord. They also ask to see copies of tenancy agreements (which must be in date). I have just helped my friend fill in the forms and she had to get her landlord to submit a further form as her AST (assured shorthold tenancy) agreement was only for 6 months (as most are, that or 12 months) and that had expired. The volume of information she had to submit was mind boggling!

Without actually submitting an application it is impossible to give you a definitive answer, but there is a significant chance your application would be rejected.

Original poster
CoffeeAndBiscuitsPlease · 25/06/2015 22:31

His Dad bought the house and we were his first tenants, this was last August. we have paid monthly rent up until then via direct debit which is labelled as "rent" on the transaction, and we have a tenancy agreement with him. He has landlord insurance and the house is treated like any other rented house.

It's scary because its the different of about £250 a month in our income, and if we get rejected it puts his dad in an awful position as he will know we are struggling but obviously he hasn't done it as a favour, he did it as an investment in the house (if we said no he was going to rent to strangers)

OP posts:
Original poster
CoffeeAndBiscuitsPlease · 25/06/2015 22:34

I'm assuming this wouldn't affect council tax benefit as it would be the same wherever I lived and the money goes to the council?

OP posts:
youareallbonkers · 25/06/2015 22:45

They won't pay housing benefit to family. Council tax benefit should be ok but they don't pay it from day 1 so you could probably get another job before hand

bobajob · 25/06/2015 22:46

They will pay housing benefit if you genuinely rent from a family member where I am.

youareallbonkers · 25/06/2015 22:47

Get him out to work full gp time too. The amount they would pay for people without kids is very low

Original poster
CoffeeAndBiscuitsPlease · 25/06/2015 22:49

youareallbonkers - What do you mean they don't pay it from day one.

I am already looking for other work, but I have a newborn, so preferably it's going to be part time, and I'm hoping I am not looked as less of a candidate due to having a new baby.

bobajob - Thank you. Yes it is genuine, been working full time and renting from him for almost a year, the house wasn't purchased with the intention of me possibly not affording it. I'm dreading telling him infact!

OP posts:
Original poster
CoffeeAndBiscuitsPlease · 25/06/2015 22:51

Get him out to work full gp time too. The amount they would pay for people without kids is very low

You are not being very helpful. Of course the ideal is that we both worth full time, rake it in, and pay for the best nursery possible.

(which is another thing, we have already paid a very high non-refundable deposit on the nursery for LO)

I am not looking for suggestions to get a bloody job, but advice on a situation I am trying to avoid but my find myself in.

OP posts:
Original poster
CoffeeAndBiscuitsPlease · 25/06/2015 22:52

And we do have a child (but I'm assuming you've figured that out now)

OP posts:
gallicgirl · 25/06/2015 22:54

They will want to check it's a genuine commercial tenancy. It's great that you can prove you've been paying rent but they'll check it's a market rent and not very low or matching the exact amount of mortgage. They wull also probably want your landlord to confirm you would be evicted if you didn't pay rent.

Loletta · 25/06/2015 22:57

This reply has been deleted

Message withdrawn at poster's request.

Original poster
CoffeeAndBiscuitsPlease · 25/06/2015 22:58

It's not a mortgaged property, it's owned outright, bought in cash.

The rent isn't high, but it's the same amount we've been paying in the surrounding area for about 10 years of renting. It's definitely not daft-low anyway, and the amount is stated in the tenancy agreement.

I'll give the council a ring tomorrow. If they seem pretty certain with the info I know where I stand, if there is umming and aahing I know I to be told no.

OP posts:
Original poster
CoffeeAndBiscuitsPlease · 25/06/2015 23:00

just checked my local council website and there are lots of listed points about why you may not get it, only two mention family members:

You cannot get housing benefit if:

you pay rent to a close relative who lives with you

You may not get housing benefit if:

you used to live with your landlord as a family member, relative or friend and now pay that person rent

Obviously my partner has lived with his father before, but he has rented 3 other houses since and his father has never lived in this house.

OP posts:
Loletta · 25/06/2015 23:03

This reply has been deleted

Message withdrawn at poster's request.

youareallbonkers · 25/06/2015 23:03

You don't mention you have children so the info I have to go on is he chooses to work part time minimum wage. If you can't get another job then he should.

If you only want comments you think are helpful don't post on an Internet forum lol

Loletta · 25/06/2015 23:11

This reply has been deleted

Message withdrawn at poster's request.

Original poster
CoffeeAndBiscuitsPlease · 25/06/2015 23:18

youarerealbonkers

If you only want comments you think are helpful don't post on an Internet forum lol

I'm going to assume you got bored tonight.

Yes he chooses to work part time on minimum wage because it's a dream lifestyle for all of us isn't it? Get a grip.

He was full time for a large uk chain store, his hours got reduced as part of possible redundancy 1 to 1s and their jobs were saved very recently.

Don't you dare fucking try and treat me and my partner like we are lazy, not trying to work or looking for benefits. If I do lose my job I will not be claiming jobseekers, and I have worked my whole life. I happen to be in a shitty situation where I am on maternity leave facing possible job loss (as others are) And as I am currently not part of the day to day business I am struggling to figure out where it is all heading.

My partner decided to stay part time once I was pregnant so he could stay at home part time with LO and we could afford the nursery out of our own cash.

Fucking ridiculous that I have to explain myself on here when all I was asking for was a bit of information from anyone who has maybe been in the same situation (or works from the claim side) You clearly seem to have information on neither of those things. So stop being goady and go and bother someone else.

Can't ask a fucking question on this place without an opinionated dickhead turning the thread into something else.

OP posts:
redshoeblueshoe · 25/06/2015 23:19

A relative of mine enquired about this in very similar circumstances and they were told by the LA that the person would be eligible.

redshoeblueshoe · 25/06/2015 23:21

x posted - sorry you are getting crap when you are having a hard enough time Flowers

Loletta · 25/06/2015 23:23

This reply has been deleted

Message withdrawn at poster's request.

Original poster
CoffeeAndBiscuitsPlease · 25/06/2015 23:24

Thank you everyone else for the information from your experiences, It helps me prepare!

Sorry for the outburst but some people will try and make anything into a personal argument about something they know nothing about. Was just looking for some impartial help.

My own fault for posting on here for traffic but I got a bit anxious after hearing the news today and wanted to get quick answers and plenty of them :)

OP posts:
Original poster
CoffeeAndBiscuitsPlease · 25/06/2015 23:25

Thanks Loleta - that's reassuring!

And thanks Redshoe! :)

OP posts:
minsmum · 25/06/2015 23:32

They will ask if it's a contrived tenancy. The questions will be geared to prove this one way or another. So are you paying the going rent for the area, if you weren't living there would it be rented to someone else, have you got a proper tenancy agreement. What would happen if you were in arrears with your rent, would you be evicted etc.
It's not designed to trip you up but the local authority has to make sure that it's a proper commercial tenancy and not just set up to take advantage of the housing benefit system.
To be honest I wouldn't think you have anything to worry about but the questions will be more rigorous than for people not related to their landlord.
This is because they have a duty to protect the public purse and will have to ask these questions.
I hope that helps

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