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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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As parents is it possible to rent a property then sub let to

Resolved Question:

As parents is it possible to rent a property then sub let to our daughter who is in receipt
of housing benefit will she be able to still claim housing
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Just so I am clear, parents want to rent to daughter whose rent will be paid by benefit, is that right?

Customer:

we wish to rent a property in our name and then sub-let to our daughter who is receipt of housing benefit and therefore

Customer:

finding it very dificult to get a house to rent

Alex Watts :

Yes I can understand.

Customer:

We wish to rent a property in our name and then sub-let to our daughter who is receipt of housing benefit and therefore findin it very dificult to get a house to rent

Alex Watts :

It will be very hard to do this.

Alex Watts :

The Council may consider this to be a sham arrangement

Alex Watts :

Therefore if you are going to do it, I would speak with the Council beforehand.

Alex Watts :

Inform them what you are going to do.

Alex Watts :

It may be that they suggest going through an agent so its at arms length

Alex Watts :

Ie an agent appointed, proper rent book, tenancy agreement etc and they handle the payments.

Alex Watts :

However the concern is this may be considered a sham. I know I have done HB appeals on the same basis of a sham

Alex Watts :

But its better to speak with the Council NOW and inform them, there may be less objection to it

Alex Watts :

So it is possible but it may be hard

Alex Watts :

But whatever you do, it needs to be seen at arms length

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

if we rented the property would or is the landlord likely to object to our arrangement with our daughter

Alex Watts :

That is hard to say, it may have a not to sublet clause in it

Alex Watts :

So you need to check first with the Landlord

Alex Watts :

But in reality this is going to be hard to do

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything else for you about this today please?

Customer:

thanks

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