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UK-Justice
UK-Justice, Barrister
Category: Scots Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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My Mother rents my house from me and has done so since she

Customer Question

My Mother rents my house from me and has done so since she split from my step dad a few years ago. She retired last year and along with her state pension and little health service pension and help of £250 from government still managed to pay the 440 a month rent cover cost of my mortgage which i could have rented out for more privately but couldnt see her on the streets as i live in Newcastle upon tyne. I only lived in house for a little time before contracting meant i worked away long periods. She is proud and has always paid her tax`s up to retirement.
I have had my mother on the phone today in tears as she has been told by letter that she will no longer get any help whats so ever with her rent.This now means out of £650 a month she will have to cover cost of rent(£440),council tax(£45) and utility bills(?? )and feed herself .
I recently moved in with my partner into her house so i cannot afford to help out what so ever financially. Its so frustrating when you see immigrants coming over and getting help left,right and centre with housing etc and yet our own seem to be put to one side.
Is there anything my mother can do,say or apply for that would mean she doesnt have to be on poverties door. ? Can she apply for some of the rights that the immigrants ask for as being British seems to go against her?
Submitted: 3 years ago.
Category: Scots Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

I assume this is from the Council?

What reason have they given?
Customer: replied 3 years ago.

They said that with her state pension and little pension from Health service( she was a nurse for about 7 years) along with savings which was from pay off from pension she was only entitled to certain amount.All in all she gets£650 a month and that has to cover everything. Its almost £500 just to live in house never mind heat or light it and feed herself.I wish i could help but i cant.The £440 she pays is only enough to cover the mortgage so i make nothing on it but at the time i couldnt see her on the streets after her seperation. She is a proud woman but also very poor.If she cant get help i will have to ask her to move out which will kill me emotionally as i cant foot the bills. Any help ?

Expert:  UK-Justice replied 3 years ago.
So she just cant afford to live in your house with what she gets - is that right?
Customer: replied 3 years ago.

Correct,how can she pay almost 500 out 650 pounds alone for council tax and rent then find money to heat and feed herself?

Expert:  UK-Justice replied 3 years ago.
Thanks.

Benefits are prescribed by law including the formula of what you can earn before it changes and then if over the limit what it will reduce by.

What she may have to do is bid for a Council property.

The rent for these is only cheap around £60 a week.

With her income that should be enough to cover it.

But the benefits are prescribed by law. What she cant do, if earning a certain amount is live in a house that is beyond the means - the tax payer wont pay for that.

So she can:

1) Appeal the decision and it would go to a Tribunal

2) Move into a smaller property (including Council property)

I am sorry if this is not necessarily the answer you want, but based on what you have said, this is the legal position.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

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Customer: replied 3 years ago.


Your not telling me anything i dont know.But she has already asked the council to rehouse her but there are no properties for her to move into hence why she has spent all savings etc in living in the house.Its been more than 6 months since she asked about this but unless your from another country or a drug addict or been in trouble with police( which she is neither) she has no chance.Now what?

Expert:  UK-Justice replied 3 years ago.
She can appeal the decision in terms of housing.

She needs to check she is in the right band. The Council have a banding Police. The higher up the more chance of house.

If that is rejected she can complain to the Local Government Ombudsman.

They are free, independent and can examine the decision for free.

They can be found at: www.lgo.org.uk

You can also consider a Judicial Review.

This is where the Courts examine the decision and see if it is legal and reasonable.

The Court can affirm, quash or change the decision.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

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