Housing benefit & daughter living in my property

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  • 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
    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.

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    • #3
      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...

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      • #4
        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.

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        • #5
          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

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          • #6
            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.

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            • #7
              Just get her to put an application in.
              If they say no, neither of you will be prosecuted.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

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              • #8
                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.

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