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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70524
Experience:  Over 5 years in practice
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My question; my x partner and my daughter who is 18 years old

Customer Question

My question; my x partner and my daughter who is 18 years old a level student and my son is 15 years old suffers from crohns disease and she need a house with two toilets we have been separated over 4 years. my x partner is on housing benefit has been served notice by her landlord and she is not able to find affordable property to rent because she is on benefits no one is willing to rent her property. I have property rented out and i want to know if i rent her my property to her will she be able to get rent from housing benefit. As i have a large buy to let mortgage mortgage and I am on low income i cannot afford to give her rent free
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Does the house exceed her needs?

I presume you mean to rent to her alone? Does it have more bedrooms than she requires please?
Customer: replied 3 years ago.

hi


sorry i did not understand the first question.


And yes she will be renting alone with the children.

Expert:  Jo C. replied 3 years ago.
Well, are there more bedrooms than she needs?
Customer: replied 3 years ago.

no

Expert:  Jo C. replied 3 years ago.
How old are the children?

How many children?

How many bedrooms?

Why can't the children share one bedroom or their mothers room ? Depending on their ages and sexes obviously.
Customer: replied 3 years ago.

2 children girl is 18 full time college boy is 15 and the house is 3 bedrooms

Expert:  Jo C. replied 3 years ago.
Thanks.

In principle, you can let your property to a relative who is in receipt of housing benefit. There is no law against doing that.

There is, however, a general suspicion on the part of the DWP that such contracts are set up to defraud the tax payer. That is not to say that you cannot ally their concerns but you should be aware of them.

She will have to declare her relationship with the landlord and that probably will lead to interest in this claim. Overall though, I think probably it would be allowed. There is obviously a cap on housing benefit now but you are describing a house adequate for their needs and they would have to pay for them to live elsewhere. Probably they will want a formal AST put through an agent and also a stat dec from you to the effect that this is a genuine commercial arrangement.

The big advantage that you have is that you do seem to have a pre-existing property. Obviously some people move out of their own houses and in with relatives in order to let that to other relatives and pocket the money. That is fraud and that will be their concern but thats not your position.

Hope this helps. Please let me know if you need more information.

Jo