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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
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I am a landlord can I rent one of my flats to my daughter

Resolved Question:

I am a landlord can I rent one of my flats to my daughter
Submitted: 2 years ago.
Category: Scots Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
is there any reason you think you cannot?
Customer: replied 2 years ago.

My daughter works but is on a low income, she has a young son under 2

and gets working tax credits and housing benefit. She is with a landlord that is not good at repairs. I want to buy a flat and rent it to her to ensue a good quality home for my daughter and grandson, but she would still need to claim housing benefit as I would need the money to pay for the flat

Expert:  Remus2004 replied 2 years ago.
Ah, I see. The issue is not can you rent to her but can she claim housing benefit.
Close relatives can rent to each other. There is a general presumption against it but it can be done. She will have to declare your relationship. If they find out otherwise they will say it is improper.
Her circumstances will then be considered. If she is already in the housing market then that is a bonus.
They will probably want you to put the contract through an agency and use a proper AST. Also, they may want a statutory declaration from you.
Further, you need to be careful that you do not purchase anything that exceeds her needs. That is a big issue for the council. You can only provide what they would otherwise provide or they will say that the contract has been set up to defraud the DWP.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

We are looking to purchase a 2 bedroom flat which is the same as she is in at present. Her rent is £380 pm and gets £350 pm housing benefit. We would rent at about £400 pm for furnished accommodation and know it was wind and water tight at all times as we would care about the property and be financially committed as we would have to re-mortgage our own house to make this happen.

Expert:  Remus2004 replied 2 years ago.
She would obviously have to make up the remaining £50 herself and she would need to be paying it. The DWP would check.
Customer: replied 2 years ago.

What is DWP and AST

Also I live in Scotland

Expert:  JGM replied 2 years ago.
Thank you for your question.
Hi there, I am a Scots lawyer. As my colleague has indicated, you are free to rent to your daughter. She will have to declare that her parents are her landlords and show a formal lease etc. and that she is paying the shortfall in rent that isn't covered by housing benefit. You can give her a rent book and sign it to show the monies received.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11149
Experience: 30 years as a practising solicitor.
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