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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice
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I want to buy a flat for my son to live in. He has learning

Customer Question

I want to buy a flat for my son to live in. He has learning difficulties and mental health problems and needs to take a lot of medication. He currently receives DLA (mid rate), income support and housing benefit. Can I buy and rent back to him without him losing any of his benefit. He currently lives in Swansea in housing association property and he wants to move to West Yorkshire to be nearer me and his family. There is no council or housing association property available accommodation in the very small town I live in.
Kind regards
Katherine
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do you mean income support or ESA under the new rules?
Customer: replied 3 years ago.

Hi Jo



He hasn't yet been assessed under the new rules, so, he is still on income support.


Katherine

Expert:  Jo C. replied 3 years ago.
Thank you.

The difficulty here does not lie with the type of benefit that he receives but with whether or not the DWP will accept that this is a genuine commercial let.

Even if they do not accept that he will not lose his DLA or income support. The issue will be housing benefit.

Contrary to popular belief you can let your relatives and still claim housing benefit.

You do need to declare your relationship with your landlord. The DWP will probably want a statutory declaration from you to confirm that this is a genuine arrangement. Also, you will need to use a standard AST.

I cannot guarantee this will be accepted obviously but you are not automatically prevented from renting to your son just because he is your son unless the DWP literally take the view that the arrangement has been set up to defraud them.

The practical reality is that they are much more likely to take that view if you have not declared all the facts then if you have.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Hi Jo, what is, and where can I find a standard AST? I know what a Stat Dec is and would appreciate your guidance on where I could hopefully find wording that DWP would hopefully accept.


Do you think I should get a solicitor involved?


Do you think I should get an estate agent involved, at least in the initial stages until everything is hopefully in place.


 


My motivation for this is not to defraud the DWP, but, to try to get somewhere decent for my 40 year old son to live which is close by. I have viewed every one and two bedroom property to let in the village and am reluctant to let him live in any of them. Some landlords will not even accept HB claimants as tenants.


Thanks


Katherine


 

Expert:  Jo C. replied 3 years ago.
A standard AST can be purchased online - http://www.tenantdocs.co.uk/

Stat decs can be sworn on oath at court or at the office of any solicitor. There is a fee but not significant. There's no point in doing it until the DWP ask for it though.

There's no point in a solicitor here. It would just rack up costs.

Agents can be helpful to convince the DWP this is legitimate.

Many people do rent to their relatives. Obviously though some people do it to defraud the DWP so they are always guarded but if you disclose your position from the start there would be no evidence of that. They have to pay for him to live somewhere anyway.
Customer: replied 3 years ago.


Thanks . I think I have a week to ask you further questions, is that right?


Katherine

Expert:  Jo C. replied 3 years ago.
You can come back when you like. The question won't close from your side even when you rate.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Jo C., Barrister
Category: Law
Satisfied Customers: 69368
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’

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