LandlordZONE

26

Nov, 2014

Wednesday

Results 1 to 8 of 8
  1. #1

    Default Housing benefit & daughter living in my property

    I own a property which until 24 months ago I rented out. I bought it because I have a job which provides me with accommodation on a Service Tenancy. When I leave or retire then I will be evicted so need somewhere to go.
    My daughter left university and I allowed her to live there rent free as she was unemployed and heavily in debt. I thought this would last a few months until she got a job and paid off a few debts. Things didn't go to plan and she had difficulty finding a permanent job. Life got better and it looked like from january 2012 things would change as she had a boyfriend who was going to move in and share the bills. Then she found she was pregnant and the boyfriend left her.
    So she has very little money and I am still paying the mortgage and most of the bills. I can't afford to go on like this as I am spending more than I earn.

    Is there any chance she can get Housing Benefit even though the flat belongs to me? I know the rules say not but surely there must be some leeway. It seems a shame to have to evict her just to get her Housing Benefit.

  2. #2
    Join Date
    Oct 2007
    Location
    London
    Posts
    510

    Default

    As long as it's not a contrived tenancy then it should be ok. You will need a proper tenancy agreement and may need to make some sort of declaration to the local authority that you are treating it as a proper tenancy and you would evict her if she failed to pay rent. You may have to jump through a few more hoops but in theory it should be ok.

  3. #3
    Join Date
    Mar 2009
    Posts
    9,516

    Default

    As she's been living rent free it is likely any new tenancy would be considered contrived.

    Better option may be for her to move to a normal commercial-rates residential tenancy with another landlord, claiming HB/LHA , and rent your place to a £££££ paying punter.

    Problem will be why would any landlord want a tenant with no income & no HB history.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  4. #4
    Join Date
    Jan 2011
    Location
    Windowsill Bay
    Posts
    1,639

    Default

    I'm pretty certain it would be classed as contrived. The HB will be looking for proof of previous rent paid, if no rent has previously been paid......

    You will be better off helping your daughter find a private let elsewhere.

  5. #5
    Join Date
    Mar 2008
    Location
    Stevenage UK
    Posts
    1,243

    Default

    Claymore’s suggestion sounds very sensible to me. If your daughter rents elsewhere while receiving housing benefit, then you can rent your house as before creating another income, and possibly help your daughter financially that way.
    I also post as Moderator2 when moderating

  6. #6
    Join Date
    Jan 2011
    Location
    Windowsill Bay
    Posts
    1,639

    Default

    Quote Originally Posted by Mars Mug View Post
    you can rent your house as before creating another income, and possibly help your daughter financially that way.
    That is exactly what I was thinking. It does create another income and your daughter might need a little bit more financial help from you so this will greatly help you :-)

    All the best.

  7. #7
    Join Date
    Oct 2006
    Posts
    7,557

    Default

    Just get her to put an application in.
    If they say no, neither of you will be prosecuted.
    Stalkers, please go over this comment with a fine tooth comb.

  8. #8
    Join Date
    Jan 2011
    Location
    Windowsill Bay
    Posts
    1,639

    Default

    There is nothing to lose by doing this, but in sense of practicalities, this young lady has never paid her dad any rent, and if she gets housing benefit, which is probably less than he can achieve with a private tenant, she's unlikely to pay the full amount to her dad anyway.

    They'd be better off all round if she rents privately and allows him to get a proper income for his property.

Similar Threads

  1. My Tenant Forced Out of Property by Housing Benefit Lout Neighbour
    By 5mt in forum Residential Letting Questions
    Replies: 2
    Last Post: 23-07-2011, 09:51 AM
  2. See how building your property empire on Housing Benefit DOES pay!
    By PaulF in forum Housing Benefit Questions (HB, LHA, DSS)
    Replies: 1
    Last Post: 19-07-2011, 11:13 AM
  3. Housing Benefit tenents,not paying rent,damage property
    By sun in forum Residential Letting Questions
    Replies: 34
    Last Post: 05-07-2010, 08:50 AM
  4. Housing Benefit if owning second rental property
    By GJMSurrey in forum Housing Benefit Questions (HB, LHA, DSS)
    Replies: 6
    Last Post: 24-02-2010, 23:21 PM
  5. renting converted outbuilding to daughter - AST? housing benefit?
    By hepsebah in forum Residential Letting Questions
    Replies: 3
    Last Post: 09-04-2008, 17:58 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •