Private rental and housing benefit question, slightly complicated.

[agnesnitt]

I am living in the house my ex-partner and I shared for four years. He is no longer living here, but still pays the mortgage at the minute.

I would like to rent the property from him, and am entitled to certain benefits at the minute. Thus I would be entitled to a certain level of housing benefit.

What would my ex-partner have to do to 'turn' landlord? I need to know the legal ins and outs of the situation as I want to play this by the book. I'm not out to make any money on this, I'd just rather not have to deal with the stress of moving right at this minute as I am just shy of 36 weeks pregnant.

Would it be legal for him to be a landlord to me? We are no longer an item in any way. He lives elsewhere.

Any advice would be handy. I'm going to the CAB later in the week, but I thought I would post here as well to see if anybody can shed any light on what seems to be a very complicated topic.

regardless of who pays the mortgage, is your name on the documents for the house?

In terms of housing benefit, benefit is only denied in similar circs if the landlord is a close family member. So, if he is now an exdp then he is of no relation to you whatsoever and therefore it does not matter.

Most cases where family member lets to another family member results in non award of Housing Benefit afaik.

If your name is on the mortgage then you can't claim bens to rent a house from yourself! If not then you can get landlord and tenant agreements off the internet, or get a solicitor to draw up a basic one for you.

HGofCD, my name is not on any documents at all. When the house was bought it was decided that in the event of my ex-partner's death it would be wiser for me to not be named on the mortgage as the insurance would pay off the house and myself and our child wouldn't be chased for mortgage payments.

Oh how naive was I?

newlife, very much ex, our only link is our daughter. We were never married so there's not even divorce to have to prove.

Thanks for the input. I just have to find out what he would have to do legally to be my landlord now.

Agnes

he owns the house, you live there, download a rental agreement and you're his tenant

Agnes, if he's the father of your baby he might have responsibilities towards him/her, such as providing a house. You definitely need to check this one out with the HB people or CAB.