housing benifit and relatives

[laverda]

can a property be rented to someone who is claiming housing benifit and is also related to the landlord. I ask this queston as there is a question on the housing benifit form that asks the tenant if they are related to the landlord are there any rules regarding this situation any one done this before your veiws welcomed thanks Lavy

[J4L]

Hi Lavy

If you live in a property owned by a family member and pay them rent, you may be entitled to Housing Benefit. However, there are a couple of things the Housing Benefit department will want to check. Firstly, they will want to be satisfied that you're paying rent on a commercial basis. In other words, they'll want to know that it's a proper tenancy, not just an informal arrangement between family.

Secondly, they may want to check that the arrangement has not been set up in order to take advantage of the Housing Benefit system - this is called a 'contrived tenancy'. For example, if your landlord only asks you to pay rent when you are not working (and so eligible for Housing Benefit), but not when you are working (and earning too much to claim Housing Benefit), this would be a contrived tenancy.

[lauralivesartnouveau]

Hi

I checked this with my local council for an ex tenant who did a runner to live in a flat above her parents (this was a granny flat integrated into the family’s new home).

The local council said she was entitled to HB as long as she could produce a formal tenancy and that if in the event of non payment they could prove that the family member would be evicted as though they were a normal tenant.

It must be noted though that each council interprets the rules differently I own properties across three council arrears and each one is different in both style and delivery its probably better to check with your own council.

Oliver