Housing Benefit

[UpTipp]

I own a house with my ex. We split 2 years ago and I stayed in the house with my son. I lost my job last July and can no longer afford to live in the house so my ex said he'd move back in.

My friend has offered for us to live with him and will only charge me �200 pm rent.

Will I be entitled to get housing benefit while I have a mortgage?

Before the 'get a job' police come in....I am looking but it's hard when I have to work round my son.

[Ethel]

You can only get housing benefit if your capital is below a certain sum. Capital includes property you are not living in.

Why not sell the house?

[UpTipp]

That is the plan and I'm not sure how much equity is in it at the moment. I don't think it will sell quickly in this climate. I really cannot stay there if he is there.

[Ethel]

If you split two years ago I can't really understand why you haven't sold it yet.

Who is paying the mortgage at the moment? The council won't stand for paying your rent so you can your mortgage on another house

[UpTipp]

It was a very on off split and I think we thought we'd work it out in the end. He's agreed to put it on the market and is moving back in as I can't afford the mortgage anymore. He'll pay it while he's living there and until it's sold.

Does this mean I won't get HB?

[Ethel]

You can try applying but housing benefit isn't intended for people who choose not to live in the house they own.

Speak to your council and see what they say

[ummmm]

It's sad.

It's worth a try though. I understand exactly what you're going through. I'm in a similar situation.

[4star]

Hi
I just read your question. When you apply for HB, you should make sure you have got a tenancy agreement-this will avoid the Local Authority treating your tenancy as a contrived leting or not a 'commercial agreement'. Usually HB is not paid under these circumstances. In addition, the fact you own another proeprty that you do not live in usually affects HB (as any capital over �16000.00 prevents you claming beenfit and any capital over �6000 affects the amount of benefit you are entitled to caim also) BUT there are exceptions to this rule. The exeption is that:
if you a show you are taking resonable steps to dispose of a proeprty its valued can be ignored for up to ix months and sometimes longer (for example in dvorce proceedings). "Reasonable steps" could be such things as having the property on the market or instrucing a estate agent to deal with it, furtehrmore could be going through ancilary discussions if getting a divorce or if getting bought out... I would strongl advise you to apply for Hb and to also get legal advice because if you arerefued you coulapeal on the above grounds. Have a lok at comunity legal advice website and get welfre benefit advice. Hope this helps.

[4star]

Sorry for my typos-I'm typing quickly! I also forgot to say that, had you stayed in the property, you may have qualified for help towards the mortgage interest for your share of it. The other half obviously would have had to be paid for by your partner.