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Housing Benefit + renting off family

13 replies

HardDecisions · 09/09/2012 18:44

Currently we are living in a small 1 bed, 1st floor council flat. Which is lovely, but we now have DS and I'm having mobility issues so am finding the stairs hard.

We have been awarded points for a bigger place, but they are few and far between, plus the points we do have are much less than the points needed to win a place.

We are also on the house exchange list, but the only people in our area looking to downsize to a 1 bed either want one with a garden, or are elderly and need a ground floor.

So our chances of moving are slim.

We've had a lot of bad experiences with private landlords (last LL threatened us with violence when we reported him to environmental health, LL before lied about the property, LL before that refused to fix a leaking roof and then tried to charge us for water damage, etc etc), so aren't keen on getting back into that market. Especially as we just can't afford to move every 6 months.

My dad has a property which will be available to rent soon and wondered if we'd be interested. Problem is, we're on HB, so not sure what the rules are?

Obviously he'd let us stay for free if he could, but that's not really an option.

OP posts:
Littlefish · 09/09/2012 18:50

As far as I know (from reading threads on Mumsnet!), ai think the rule is that you can't claim housing benefit if you are renting from a member of your family. Hopefully someone more knowledgeable will come along with morer concrete information. I think Custardo has good info about housing...

GolfOscarLimaDelta · 09/09/2012 18:54

It depends on the LA I think.

My previous one wouldn't allow it but I have heard of others since allowing it but only if you have a legal tenancy.

The best thing would be to ask your council. It might be on their website also.

MissBeehivingUnderTheMistletoe · 09/09/2012 19:07

It is within the HB rules to rent from family. However you have to demonstrate that it it is not a "sham" tenancy. The LA will be looking for a tenancy agreement and that the tenancy is on a commercial basis, so be prepared for lots of questions about your tenancy and your, and your dad's financial arrangements.

caramelsmadfuzzytail · 09/09/2012 20:05

I rented from my mum, as long as you tell them its not a problem

sillymillyb · 09/09/2012 20:37

I have looked into this in the past - my LA have said its fine so long as my mum can prove she lives at a different address.

Give them a call and ask what would happen, they were really helpful when I called up :)

NoComparison · 09/09/2012 20:55

A friend of mine lets a property to her DD who is on HB. She had to demonstrate that it's a "real" rental property, which she was able to do because she's been letting it and charging rent for 15 years. Is your father's place just becoming available because tenant has moved out or because he's just acquired it?

HardDecisions · 10/09/2012 00:27

Just acquired it. That's probably going to complicate it isn't it?

OP posts:
expatinscotland · 10/09/2012 00:29

It shouldn't complicate it, no. Check your council's website to find out what their rules are.

fortyplus · 10/09/2012 00:30

The first thing you need to do is establish what rent is covered by HB for a property that meets your housing need. Also bear in mind that the property must not have more bedrooms than necessary to meet your housing need otherwise you will lose HB.

HardDecisions · 10/09/2012 00:35

My council has the worst website ever, you'd think the info would be under Housing, Housing Benefit of LHA. But if it is it's well hidden Confused

OP posts:
expatinscotland · 10/09/2012 00:38

Is there an office you or your partner can go to with questions?

HardDecisions · 10/09/2012 00:39

There is, they aren't usually very helpful, but we shall give them a try.

OP posts:
fortyplus · 10/09/2012 00:44

There's info about HB on the dirctgov website

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