housing bebefit

[tommy-h]

Am approaching 60`th birthday.Many hills still to climb.Due to illness and downturn in market have been forced out of house and am renting council abode high rise-which suits present circs but not for long I fear-Question,I have been offered a property to rent by a family member,when my savings fall below the qualifying threshhold-6.000- can I get housing benefit even though it`s my sister in law`s house,and yes she`s still married to my brother who`s 60 tomorrow.As usual thanx for readiong but have a go at an answer even if your not a lawyer.ty

[EDDIE51]

Yes, you can still get benefit but there MUST be a legal tenancy agreement and the landlord MUST NOT be living there with you. The rent needs to be at the market rate as well or the DWP may think it is a 'set up'.
By the way they do not check that the market rent is actually being handed over ;-) just that it is on the agreement.

[tonywiltshire]

The people who are unable to obtain Housing benefit due to the rules are listed below.

Your letting is not on a commercial basis.
You live with Landlord who is a close relative.
Your landlord is your ex-partner.
Your landlord is the parent of your child.
Your landlord is a company or trust connected with you.
Your landlord is a trust connected with your child.
You used to be a non-dependant.
You used to own the home you rent.
You live in Tied accommodation.
It is a contrived letting.

If you have difficulty getting housing benefit because of any of these rules, seek advice as circumstances may apply which change these rules.

From the situation you describe in renting a property from your Sister in law, provided as Tommy says, you have a tenancy agreement the rules should not preclude you from receiving HB as long as your income is not too high, but the amount of rent paid will depend on the local housing allowance.

[EDDIE51]

tonywiltshire's answer actually says the same as mine if a bit long winded.
The answer is 'Yes' you can still get housing benefit .
But you MUST have a proper legal tenancy document , your SIL MUST NOT be living there with you and the rent must be the market rate.
The fact that a family member is the landlord has no other significance.

[cathfromsaron]

good answers, but i would clarify with the council your reasons for moving and get their assurances in writing first!

i know of other people legally renting a vacant home from family, but you don't want to lose what you have, they find out different!

[EDDIE51]

cathfromsaron, why he moved out has nothing to do with the situation requarding housing benefit . He does not need to tell the council anything apart from giving notice that he is vacating the flat and moving somewhere else, if he is getting HB at the moment it will be transfered to the new place.
As the new place is a private rental the council may even pay the deposit for him as it is normal to need a deposit for private rental. If they do, the deposit will be returned to the council when he leaves the property and gets the deposit back.

[buildersmate]

Which is another way of saying 'Its a red herring'.

[ojread2]

cath is prone to making one sentence statements that have no basis

At least she differed here with 2

[tonywiltshire]

Thank you EDDIE51, I should have put “as EDDIE said” but in error put as Tommy said, my apologies. The important point is that no one should be put off claiming HB by the rules, as circumstances may apply which change these rules, they should seek advice. As an example I have been involved in someone successfully claiming HB where they had previously owned the property.

.

[themas]

Eddie said "if he is getting HB at the moment it will be transfered to the new place."

It doesn't work like that. The claimant either has to end the claim at the old place and make a new one for the new place or - if the Council work this way (which they may not do) - notify the Council of the change of circumstances (i.e. the move) together with details of the tenancy agreement, rent level etc. at the new place.

If the move is a voluntary one I doubt very much whether the Council will pay the deposit.

My advice is to ask the Council beforehand how much benefit would be payable if this is going to be a determining factor in deciding whether to take the tenancy of the new place.

[tommy-h]

Apologies for the belated response.All replies taken on board and digested.Reasons for moving several involving ill health,mobility problems and family access to name a few.Have now recieved tentative reply from council that such a move would be treated favourably,it also frees up a much needed property in an overcrowded area.It is really a case of qualifying for income support as I exist on benefits paid due to disability.I gather there is a cut of threshold of 6,000 on a scale up to 16-18,000.Surprising how quickly savings go when paying full whack for rent and council tax,no complaints though I have always found them generous-at times embarassing.

Again thanks to all,very helpful,I think I`ll opt to accept offer,Tenancy agreement already being written up. : )