Housing Benefit right rules etc ???

[legoless]

Hi,
Does any know the answer(s) to this please,
i'm married & live with my wife & 2 teenage sons age 15 & 17 (students) ,i'm registered disabled (for life) & receive benefits (inc/sup & dla/mob).We live in a house owned by my wifes eldest daughter who also lives with us, she plans to marry in the near future & wishes to sell the house & obviously live with her husband. I've looked into the possibility of renting private accomodation but have found that agents/landlords won't let property to persons in receipt of benefits & council/housing ass'ns have huge waiting lists & points systems etc, i've discussed this with my stepdaughter & she suggested that she would be prepared to take out a buy to let mortgage on a suitable property for myself, my wife & 2 sons & charge us rent (to cover her mortgage payments) .I've tried to find out if this is a possibility but i've been told conflicting answers which all seem a bit vague as if no one is quite sure, some say that this is OK as long as the landlord being a family member doesn't actually live with us & some say that it can't be done because the landlord is a family member full stop, does anyone know the actual legalities or have any alternative suggestions ?? thanks..

[themas]

Yes, you must discuss with the Housing Benefit Section. You would not get HB if your step daughter was to live with you, or if the Council concluded the arrangement was "non-commercial". They will need to see the tenancy agreement and satisfy themselves that there are no unusual terms in it (for example, if there was a term severely limiting the landlord's right to evict you it might be queried). It would be best to use a standard assured or assured shorthold tenancy agreement, and your step daughter might need to get this from a solicitor (or you may be able to buy forms from a law stationer).

Bear in mind that HB will not necessarily pay the full rent. It depends on your & your wife's joint income, and also on whether they consider the property is the right size (number of rooms) for your family size, and whether the rent is reasonable for your area. The HB Section should be able to give you details.

[jason1980]

I would say you need to contact the council and say you are being made intentionally homeless because you are not the home owner and they wish to sell. You should be given some advise and assessed on a points scheme to see how long you would have to wait for a council property. As you have two teenagers you would be favoured up the list above those without, but things change as soon as your teenagers reach 18 so get in there quick.