Renting from family and housing benefit

A question about : Renting from family and housing benefit

I've found information which says you cannot claim housing benefit if you rent from a close family member that you're living with but I wonder if anyone can help with a more specific case?

I know someone who has a close family memeber who has a property that is uninhabited. Would it be possible to get housing benefit for this property? The landlord would be living in another house.

Many thanks

Best answers:

• Yes this is possible but you would need an official tenancy agreement drawn up.
• Do you have to go to the council to do that? or can you fill in a form on your own?
• i rented a property off my parents when i first seperated from my ex and we jus drew up a tenancy agreement and gave that to the council when applying for te housing benefit
  x
• Thanks for that. Did the council make any queries over it, being related to the landlord?
• We rented a flat to our son for a while. He was paid Housing Benefit. He had to have a proper tenancy agreement and we had to prove that the flat had been available for rent on the open market (we were able to do this by showing Estate Agent's details).
  We did the tenancy agreement on a form that we got from WH Smiths, but I'm sure you would be able to download them.
  Bear in mind that they may not pay the full amount of rent that the relative is asking for the property - it depends on what accommodation they think the person needs. For example, the flat we rented to our son was a two-bedroom, but they would only pay HB equivalent to the rent for a bedsit, as they said that was all he needed as a single person under 25.
  Try www.landlordzone.com for more advice.
• regards living with a close releative the claim would be made ineligible under Reg.7
  however, renting from a family member who wouldnt be present at the porperty. you will be asked to attend an interview (contrived tenancy interview). its not scary, we just ask questions about who the mortgage on the property belongs to, have you ever lived in any of their other properties, etc., the questions are not set questions, we amend them for each specific case to fit the circumstances.
• The staff at the benefit agency learn rules and regulations which they quote parrot fashion, without
  any idea of the laws they are made under. However helpful and under stress these people may be,because they are government officers people believe them. I must have read more nonsense in the last few days on this board by way of advise than I have ever read in any newspapers.
  1)I read on an other forum that they ask for people's bank statements, under no circumstances hand over any of your personal information,we all live in a free country, under the rule of law, you have the right to be believed if they have evidence to suggest otherwise then ask them to produce it,otherwise get stuff&d Thats the law and long may it remain so.
  2)The age of maturity in this country is 18 not 20 or 25,that means you can freely enter into contractual relations which are binding on all including government departments.
  .
  3)There is no law that says you must fill out an application form. In law, all you have to do,to qualify for housing benefit, is offer a letter containing your name,your address the date, N.I number proof of your income and your rental amount the name and address of your landlord. They must accept that. Housing Benefit is a legal right not a discretionary one, it is therefore governed by the law of the land, and not rules and regulations, they are there to assist in administration only.
  4)Anyone having their rent restricted p.m me, and under no circumstances sign a pre- tenancy determination agreement I have already asked for this to be withdrawn so we shall see what happens.
  I have prepared a letter for the secretary of state reminding him of the master servant relationship, whereby we the people are the masters and he is our servant and he is in breach of the terms of his employment, by misleading people in a manner which constitutes gross misconduct and therefore warrants instance dismissal.
  P.S rumors have it, that a large delivery of toilet rolls where seen being delivered at the department for work and pensions. I can't, of course, confirm this as a fact. Not yet anyway.
• Heres some guidelines here:
  https://www.housingoptions.org.uk/gi_.../gi_fs_17.html
  You can have a tenancy agreement drawn up at a solicitors for about Ј30 - Ј50 and have it personalised so that they can add things into it like no pets or (as my last landlord asked) that I must open the windows for 10 minutes every day :confused:
• Administers of the law through lack of knowledge of the same, tend to shape and gloss the law to suit themselves, that is their insecurity, the law knows of no such insecurities.
  Thanks for giving me opportunity to asking you where in law does it say you must fill out an application form. I only no of a law where people are entitled to assistants with their rent.(for people reading this thread I hope you can answer this question)
  We cannot get this department into court, that is what we want but they always pay the full rent when we write.. Just like the bank charges thread they pay up,because they do not want to go to court.
  P.S you can thank each other all you like but this deception is going to be exposed.
  Your application form is asking people to beg for their legal rights and that to British people is offensive and I intend to put an end to it.
• What's wrong! Come up against some one who knows what they are talking about Here is the law on this matter
  .
  There are two ways to control rents,one by market forces, the other a rent act. The government has chosen the former that means they pay the full rent.
  .
  The department is trying to create one law for those seeking assistant with their rent and one for those that do not. And I can assure you all, that is unconstitutional and the courts just won't entertain it. They try to make you believe they have these powers but they don't.
  If I had not come across a thread were a young lady was having her rent restricted,putting her and her family into hardship and to add insult to injury it was suggested that she move to cheaper accommodation i would never have believed this sort of thing was going on, what next, build poor houses, set-up soup kitchens. Looking around it is astonishing what advise people are being given from people supposed to know what they are talking about. Now I understand the agency have to protect public funds but, in doing so they must respect the law .Always remember it is the law that is making the decisions not the benefit officer.
  The age of maturity in this country is 18 that is a constitutional law, the only way you can change that is with an other constitutional law increasing or decreasing it Don't let anyone tell you different.
  This is the information they need to work out your benefit:
  1)your name and address
  2)your N.I number
  3)Your income and if you are on means tested benefit you will get the full rent minus any services not capable of being defined as rent such as,water rates,meals,laundry ect,,
  4)your landlords name and address
  5)The rental value
  6)sign the letter stating the date you want your benefit to start.
  7)They won't like it but that is the law
  8)If they believe it is a contrived tenancy then ask them to prove it, otherwise pay the full rent..
  Regards
• Thanks for the replies. These things are never easy, I know, but knowing something is actually possible gets you a way further down the road. Cheers!
• no problems
• h dear,I appear to have offended you, may most profuse apologies You must not take things personally this is purely a matter of law. I have said I don't expect people to understand the laws that they live under. In law, a tenant need only prove liability to pay rent in order to qualify for housing benefit. I should check this with your legal department. I think you will find that I'm right.
  As to the application form I have already informed the benefit agency, that this instrument has no legal validity, in other words it can not be submitted by way of evidence in a court. If this instrument informed the claimant that they were under no legal obligation to complete the application in this form asked for, and they so completed then that could be submitted as evidence against them,as it is, it is a valueless document and offensive.
  Any one who shelters under the protection of the crown is temporary a British subject not withstanding they might not enjoy all the rights.
  Regards, and don't take things personally it is not good for your blood pressure.
• deary, I think people would appreciate it if you could quote some sort of legislation regarding the issues you state. Also a link or two would be most useful.
  If you cannot supply this information, I would strongly advise anyone looking for advice not to follow what you have suggested.
  Full information is needed in order to decide whether someone qualifies, how much they receive etc. It is not a valueless document, nor is it offensive. The questions are not irrelevant, but are necessary to establish entitlement. They are not asking for your inside leg measurement or whether you enjoy a spot of beastiality which would obviously be completely useless to this task.