To think I don't have a choice

[Aykarumba]

But to evict my mum?

My sister and I were brought up by our dad. Our mum walked out when we were little and we're early 30s now. We know who mum is but have no relationship with her (her choice).

I live with my DH and kids, my sister has always lived at home (with dad). 7months ago dad died. My sister inherited the 'family' home, where she remains living and I inherited a second home my dad had. This house happens to be rented out to my mum and has been for 20+ years, since she left.

Since dad died, my mum has continued to rent the house and paid the rent to me. Mum is now disable and unable to work and has had to claim benefits. Unfortunately there's a rule in place where housing benefit cannot be paid if your landlord is a close relative. So mum can't pay her rent.

I can't afford to maintain the property without the rent (it's in need of some repairs), so I have no choice but to sell it. Mum cannot afford to buy it. I've tried marketing it with a sitting tenant but there's no interest. It will sell quickly if vacant. I think I'm going to have to evict her and then sell. I don't have a choice so I? Does anyone know if the rule can be challenged? I don't have a great relationship with the woman but I don't want her to be homeless!

Google suggests that the Housing Benefit rule applies if a claimant shares the relevant property with the close relative, which isn't the case here. Since you don't share the house it may be possible for HB to be paid. I would get in touch with them ASAP, and possibly consult Citizens Advice too if there's a good one close to you.

The property is suitable for her needs (she says). I don't know exactly what's wrong with her, she's retired due to disability and is unable to work.

She's been the tenant for about 24years. She's been retired for 4 months, was on sick pay before that.

I don't think it's true you can't rent from family members anymore if they are at a separateaddress (though this is still you when you are living in the same property) and claim housing benefit. It has to have a formal tenancy agreement and prove its not a contrived tenancy set up just to claim benefits and the historical nature of your mum's tenancy should show this is the case. https://england.shelter.org.uk/professional_resources/legal/benefits/housing_benefit/housing_benefit_claimants_who_are_treated_as_not_liable_to_pay_rent

You absolutely can rent from a close relative. I did for 5 years from my mum, as long as you have a proper tenancy. I did have some additional checks, understandably, but was no problem as all above board.

Thanks. We live in different counties, not sure if that makes a difference re citizens advice? I'll get in touch with HB.

I know someone who rented property to a family member who claimed housing benefit, I believe there are some exceptions, maybe worth speaking to the local council (as she'll become their problem if she's evicted anyway).

england.shelter.org.uk/housing_advice/benefits/claiming_benefits_if_you_rent_from_family

Does you local authority have a homelessness prevention team?

CAB would be your best bet. Maybe even Shelter.

Did it not cause an issue with your mum paying rent to your dad prior to him passing?

OP said different counties, not countries.

Presumably her circumstances have changed since the OP's dad died?

Hello, I rented a house to a close relative and they received housing benefit. We had a formal tenancy agreement drafted by ourselves and there was no issues.

No, she can be housed in social housing.

I know there's a waiting list, but her issues will raise her high up on the list.

It sounds like she needs assisted living or at least a warden on site.

She should take this eviction as a no-fault eviction (it's not her fault she's disabled) and use it to get housed.

I've had a letter (as has mum) saying she isn't eligible due to our relationship. I assume they think it's contrived.

I don't think mum has claimed HB before now, but even if she has, mum and dad were never married so they didn't have any sort of official relationship when she started renting off him.

Yes, we have a formal tenancy agreement.

I think she needs to challenge this decision then. Seems like they've just written a standard letter refusing, assuming everyone in this situation is faking it and only those in legitimate situation with challenge it.

Thanks everyone.

And if she can get HB, she can continue to pay the rent and I can continue to market the property with a sitting tenant and do the necessary repairs, which is win win.

Don't accept no for an answer OP. Write back to them with a copy of the tenancy agreement, details of your Mum's disability and the fact she's been living there for 24 years. In fact throw everything at them. Some of this will obviously require your mum's co-operation and you will have to discuss things with her, which could be difficut or undesirable in the circumstances.

Be aware though that she may not get full housing benefit if the house is deemed too big for her needs, eg 2 bedrooms, when as a lone occupier she only needs one. I assume she will be unable to make up the shortfall in rent? I think this might be a suitable opportunity for your mother to move to local authority sheltered housing which will probably need to happen sooner or later.

I don't mind her not getting full HB, the rent has been below market value forever (or maybe it once was market value but it certainly isn't in recent memory).

I'll need to talk to her. Our relationship is very neutral, exactly like that of landlord and tenant. I'd feel weird asking a different tenant about their disabilities etc. the only reason I know is because she contacted me letting me know she was applying for HB due to retiring on ill health/ disability. I said ok, was she planning to remain in the property and she said yes, it was fine for her needs. It's only the second contact I've had with her since being her landlord (first letting her know of change of landlord/ death of my dad).

I have no idea the reason for her disability or whether sheltered housing is something she may or may not need, nor do I intend to ask, I don't think I have a need or right to know.

I'm a benefit processor. You can claim housing benefit when renting from a family member if there is a genuine tenancy which in this case there is. I'd have no problem paying that.

I'd send them everything, how long she's lived there, if she can provide evidence via statements or a rent book of the rent she has paid and that you are now the landlord and the reasons why you are now the landlord.

You can also confirm you would treat her the same as any other unrelated tenant and start eviction proceedings if she failed to pay the rent.

Its only normally contrived tenancies we have a problem with where they have been clearly made up with the intention to claim HB.

There's no such rule. If you have a formal tenancy agreement she can claim and pay full rent.