Housing benefit visit

[Craftygirl65]

Yesterday I had a housing benefit visit asking me questions about how I paid my rent who did I pay my rent to etc, then they asked if I was related to the letting agent which I am not , but then she asked me if I was related to the house owner which yes I am, I told her I went through the letting agent as we all wanted it to be done above board and that we way we were doing nothing wrong. I claim housing benefit because I am disabled and my husband is retired .I receive income related esa and he gets his pension. She was ask me why did I want to move into this house. Well it is a bungalow and were we lived before we could not get a bungalow and this came up at the right time, paid my month upfront as well as my deposit so I did not hide anything and I was open and honest about everything. She was being very personal asking me why I wanted to live in this bungalow which I answered I spent a very happy part of my childhood here and it made me feel safe, don't know if that sound stupid? But it does make me feel safe. I was very estranged from my parents and siblings so it just felt right to live here , I felt close to my auntie . Can you tell me have I done something wrong and will they stop my benefit until it is sorted.

[mikeymack2002]

How are you related to the Landlord please as this will have a bearing on the advice you get

 

 

Also have a read here

http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/what_is_housing_benefit/housing_benefit_if_renting_from_a_family_member

[caro]

If you're paying rent, which presumably you can prove, I don't see how you can be doing anything wrong.

[antone]

The questions were probably intended to establish that the tenancy was not "contrived". A "contrived" tenancy is one that is designed solely to take advantage of the HB system - for example, relatives who would not normally charge each other rent doing so in order to claim benefits. I realise that's not what's happening in your case, but it is a fairly well-known type of fraud so they do tend to ask intrusive questions if you are related to your landlord. However, it seems you have a proper commercial tenancy through a letting agent. Is the rent you pay about what your landlord would charge someone who wasn't related?

 

Your post suggests that your aunt is your landlord. If that's the case, there's no rule that says you can't be her tenant and claim HB. You cannot claim HB if your landlord is your:

 

• parent or step-parent, father-in-law or mother-in-law
  
• child or step-child
  
• daughter-in-law, son-in-law
  
• sister or sister-in-law, brother or brother-in-law
  
• half sisters and half brothers
  
• or the partner of any of the above
  

If you are related to your landlord in any other way you can claim HB subject to the "contrived tenancy" rules I mentioned above.

 

 

So basically, if your aunt is your landlord and the arrangement you have is a genuine commercial one, you have done nothing wrong. They shouldn't stop your HB, I wouldn't think, but you could contact them in a few days to check that all is well if you're worried.

[chanatan]

The above post is slightly misleading,

copied from the shelter website

You are not entitled to housing benefit if you pay rent to a close family member who shares all or part of the home with you. For example, if you make a contribution to household costs when living in your parent's home.

 

These people count as close family members:

 

parent or step-parent, father-in-law or mother-in-law

child or step-child

daughter-in-law, son-in-law

sister or sister-in-law, brother or brother-in-law

half sisters and half brothers

Partners of any of the above are also considered close family members.

 

Therefore you may rent off a close family and claim housing benefit if the family member doesnt live in the same house as you.

[Mcall]

This sounds a bit strange "Crafty".

Do the HB rules mean that my rich uncle who owns 3 properties outright, in London, can let me live in one of his empty properties then charge me the maximum HB allowance rent, then we split the payment 50/50? Surely this can't be right? Lovely deal for us if it is though...

[tomtom256]

This sounds a bit strange "Crafty".

Do the HB rules mean that my rich uncle who owns 3 properties outright, in London, can let me live in one of his empty properties then charge me the maximum HB allowance rent, then we split the payment 50/50? Surely this can't be right? Lovely deal for us if it is though...

 

 

That isn't right as that would be fraud and contrived!

 

Your uncle would have to treat you as he would any other tenant or HB would not be paid.

[Mcall]

That isn't right as that would be fraud and contrived!

 

Your uncle would have to treat you as he would any other tenant or HB would not be paid.

 

Sure, but prove it! (that's my point)

[antone]

The above post is slightly misleading,

copied from the shelter website

You are not entitled to housing benefit if you pay rent to a close family member who shares all or part of the home with you. For example, if you make a contribution to household costs when living in your parent's home.

 

These people count as close family members:

 

parent or step-parent, father-in-law or mother-in-law

child or step-child

daughter-in-law, son-in-law

sister or sister-in-law, brother or brother-in-law

half sisters and half brothers

Partners of any of the above are also considered close family members.

 

Therefore you may rent off a close family and claim housing benefit if the family member doesnt live in the same house as you.

 

Yes - I read your post and thought "I said that already!". Then I re-read my own post and realised that, actually, I didn't. Thanks for pointing that out.

[antone]

Sure, but prove it! (that's my point)

 

Anyone could commit fraud in any number of ways. They can't all be ruled out, and after all, you could pull the stunt you described with a friend who was not related. Where landlord and tenant are related there are often some extra checks to ensure the tenancy is not contrived, but sure, yes, fraud is still possible.

[ericsbrother]

The test should be is it a proper tenancy? The answer to that is yes (from what you have said) so nothing to worry about. The HB people might think what they want about you but they sure as hell cant go round accusing commercial landlords of fraud though without being accountable for their words.

[Craftygirl65]

Hi,

Thanks everyone for your advice, my cousin owns the house and we went through a letting agency as anyone would do. They did all the usual checks and we get treated like all other tenants. No special treatment for us. We do not get full housing benefit we have to pay half of the monthly rent. We have not heard anything from housing benefit since the visit so we do not know what is going on. But we are plodding along paying the rent to the agent and we only deal with the agency,so we are in the clear as we have been honest with the benefits from the start. No news is good news as my dad used to say .

[caro]

Is your benefit still being paid?

[SabreSheep]

I moved into my flat a few years ago folloowing a period of depression. The landlord is my brother who lives elsewhere;

 

After a trial period we agreed to create a proper tenancy where I paid rent etc.

 

When claiming Housing benefit the LA did everything they could to claim contrived agreement. Even going as low as saying that the first two week trial made it so.

 

However when I lodged my appeal to the first tier tribunal they decided to review the decision again and award full entitlement. Be prepared for a fight.

 

I did highlight a case where a tenant was disabled and that the LA had said contrived agreement on the basis that the LL relative was doing extra than was expected in order to support their tenant. The judge ruled against the LA and said that this did not make it a contrived tenancy.

 

If i can dig out the case again I will let you know

[Craftygirl65]

This sounds a bit strange "Crafty".

Do the HB rules mean that my rich uncle who owns 3 properties outright, in London, can let me live in one of his empty properties then charge me the maximum HB allowance rent, then we split the payment 50/50? Surely this can't be right? Lovely deal for us if it is though...

It is not strange at all Mcall I have gone down the correct channels by going through the letting agency and paid my deposit and month upfront and kept it at that since moving in. I have been charged the same rent as anyone else who could have rented the property so no it isn't strange.

[Craftygirl65]

Is your benefit still being paid?

Hi, yes my housing benefit is still being paid not heard anything from them since the visit. So I have obviously been through this for nothing, I knew I hadn't done anything wrong but I think I needed reassurance that I had done all the right things. Thanks everyone it is appreciated

[caro]

Hi, yes my housing benefit is still being paid not heard anything from them since the visit. So I have obviously been through this for nothing, I knew I hadn't done anything wrong but I think I needed reassurance that I had done all the right things. Thanks everyone it is appreciated

 

I suspect that if there was any doubt that they wouldn't be paying but you could do with confirmation. Give them a ring and check they're satisfied.