Housing Benefit

[HenryFord]

Hi All, I find myself in the horrible position of splitting up with my partner of 18 years (not married, but we have a 17 year old beautiful daughter). We live in a house which I own and I also own a Holiday Cottage nearby (also all in my name, deeds, mortgage etc), this has been rented out for about a year now. My partner wants to move into this and rent it from me for a commercial rent. My daughter will probably live between the 2 properties. Is it possible for my partner to claim housing benefit as she wont be earning enough to cover the rent?

[Zacs-Master]

I don’t think there’s enough background financial info there to enable anyone to say whether she would be successful in a claim for HB.

[murraymints]

much will depend on what her perceived assets are... and potentially any financial settlements that are bestowed etc... they may well question your relationship status....

[naomi24]

I hope not. If she can’t afford it she should look for something she can afford.

[NoMercy]

As she is your partner of 18 years and mother of your child, I would have thought her legally entitled to some of the assets. If this is the case it might be cheaper for you to let her live there rent free.

[murraymints]

she may even be in a position to claim the holiday home as financial settlement in your split ?

[murraymints]

as mother to your 17 year old after 18 years..I would expect no less than a transfer of property !

[Guilbert53]

>>>she may even be in a position to claim the holiday home as financial settlement in your split ?

If they are not married she is entitled to nothing from their split.

If she wanted to be protected for when they split she should have married him.

If he wont marry her then dont have a child with him.

[murraymints]

https://www.family-lawfirm.co.uk/blogs-and-advice/articles/moving-in-together-what-happens-if-things-go-wrong

we do not know the basis of their living together..and there is still a child's home to consider...

[naomi24]

//there is still a child's home to consider...//

That is a consideration regardless. Society shouldn’t be expected to pay rent on any property simply because the arrangement is convenient to both tenant and landlord.

[woofgang]

The child is 17...almost an adult.

[kvalidir]

They do tend to be a little tetchy about renting from immediate family members, however in theory if her assets are less than £16k and you are transparent about your previous relationship then she will be entitled to housing benefit somewhere. Many LHA are of the opinion that if she doesn't rent from you, she will have to rent from someone so it's all the same in the end, however expect a barrage of questions about the status of your relationship to prevent benefit fraud.

[aelmpvw]

you could always subsidize your partners rent for a new property with the rent from your cottage but that would leave you out of pocket wouldn't it?

[kvalidir]

It's not fully legal at all Eddie, there is a specific question on the from that asks if your landlord is a previous partner or parent of the child. If she puts 'no' and they pay her then that's benefit fraud. Be transparent, it'll be a hassle but generally quite doable.

[naomi24]

Eddie, offering advice on how to get around the system is appalling.

[Peter Pedant]

as a Landlord, I would agree with Eddie's and Kvalz analysis which I think is from the tenants point of view
I did a much longer answer which I have lost.


( hey found it! // I don’t think there’s enough .....a claim for HB.//
that is because ZM doesnt stalk the law columns here much

no I think - too close - families certainly cant and you get screwed for benefit fraud if you try it. [ one of my awful ex tenants tried it and no I did not dob her in: I didnt need to. Her neighbours were queuing up to do the evil deed]. My LHA doesnt have the 'ho hum they have to live somewhere' attidtude

but... you may say this is a partnership not hallowed in church etc....and so is not family. I was accused of living with one of my tenants ( anonymously of course) five times in one year

I think the CAB might help - with advice. It must have come up before and in the application .... there would be two different surnames. I mean if this were a go-er, everyone would be keeping their mistresses on the state wouldnt they? )

so try it and see
I am sorry it has come to this.

there are some quite cost sensitive deecisions to be made here.
( emptying the holiday cottage and then possibly getting no rent - or income stream as we might say - and a proper Holiday cottage cant be let the year round can it? - no I dont have one )

[Peter Pedant]

and thx ed for the advice
having re read it -
i dont think you are advising how to play the system
but rather
get thro the system sane and in a decent time frame whilst surrounded with benefit clerks who just say - the computer says no, or foo! no the data rules say I cant discuss diss.

[ladybirder]

Not the first time EDDIE has offered such advice. I think his post should be removed.

[rowanwitch]

I think you both need to see a solicitor and CAB as this will get messy, it may be there is a better option in terms of living arrangements that you haven't thought of, for example letting her have the income from the holiday rental to fund a more affordable home, rented from a complete outsider.