Housing benefits and renting


S

soulman_uk

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I was having a think earlier about my sisters situation she asked me
for some advice.

If you are on benefits living in a property paid for by housing
benfit. Are you allowed to rent in the private sector ?

My sister basically has is on income support and something else due to
mental health problems. She often stays near our mother whos 110 miles
awaym who lives in a tiny place as it is. She wanted to know if she
could keep her home paid for by housing benefits and rent one near our
mothers place. Her aim is to spend more time with out mum whos
terminally ill. But she doesn't want to fall fowl of her benfits
people.

I suggested she gives up her housing association property and let me
help her find somewhere and cover her rent but she would rather not be
that dependant on me so she want tos take a small loan from the bank
to pay her rent and pay back the bank bit by bit. Which I personally
think is a more expensive way of doing it but it would help her feel
like she did it and more independant which I understand.

hmmm final though was if she found a place near out mother would
housing benefit pay for it ?


Anyways my expert folks be glad of a bit of advice :)
 
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R

Robbie

soulman_uk said:
X-No-Archive

I was having a think earlier about my sisters situation she asked me
for some advice.

If you are on benefits living in a property paid for by housing
benfit. Are you allowed to rent in the private sector ?

My sister basically has is on income support and something else due to
mental health problems. She often stays near our mother whos 110 miles
awaym who lives in a tiny place as it is. She wanted to know if she
could keep her home paid for by housing benefits and rent one near our
mothers place. Her aim is to spend more time with out mum whos
terminally ill. But she doesn't want to fall fowl of her benfits
people.

I suggested she gives up her housing association property and let me
help her find somewhere and cover her rent but she would rather not be
that dependant on me so she want tos take a small loan from the bank
to pay her rent and pay back the bank bit by bit. Which I personally
think is a more expensive way of doing it but it would help her feel
like she did it and more independant which I understand.

hmmm final though was if she found a place near out mother would
housing benefit pay for it ?


Anyways my expert folks be glad of a bit of advice :)
You can only get Housing Benefit for one property and only where it is
the main place of residence. Under the circumstances you have outlined
she wouldn't get HB for either property. Nor would she get HB for the
one she rents 110 miles away from your mum if she was to rent and
privately fund the rent for the other property.
 
S

soulman_uk

You can only get Housing Benefit for one property and only where it is
the main place of residence. Under the circumstances you have outlined
she wouldn't get HB for either property. Nor would she get HB for the
one she rents 110 miles away from your mum if she was to rent and
privately fund the rent for the other property.
Thanks for the informative post Robbie it has been very helpful.

Would she legally be allowed to keep her housing association property
on housing benefit whilst privately funding her other home to see
mother ?
 
R

Robbie

soulman_uk said:
Thanks for the informative post Robbie it has been very helpful.

Would she legally be allowed to keep her housing association property
on housing benefit whilst privately funding her other home to see
mother ?
Your sister would need to check her tenancy agreement but I would doubt
it. Most tenancy agreements, especially Housing Association and Council
tenancy tenancy agreements, only allow for that property to be the only
one that the tenant exclusively occupies. If the tenant occupies another
property they will fall foul of the Housing Act 1996 which will make the
tenancy agreement on the original property null and void. Under that
Act they can be made to give up their original tenancy.
 
N

Niteawk

Robbie said:
Your sister would need to check her tenancy agreement but I would doubt
it. Most tenancy agreements, especially Housing Association and Council
tenancy tenancy agreements, only allow for that property to be the only
one that the tenant exclusively occupies. If the tenant occupies another
property they will fall foul of the Housing Act 1996 which will make the
tenancy agreement on the original property null and void. Under that Act
they can be made to give up their original tenancy.
Not if she becomes an MP, she can have a second home for free. Visit her
mums for a cup of tea and she can claim 60 grand. She can also have an
office within walking distance of her mums. Put her mum on the payroll.
Might even give me a job as researcher.
 
R

Robbie

Niteawk said:
Not if she becomes an MP, she can have a second home for free. Visit her
mums for a cup of tea and she can claim 60 grand. She can also have an
office within walking distance of her mums. Put her mum on the payroll.
Might even give me a job as researcher.
and she'd trouser £60,000 a year! I'd love to be an MP...
 
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C

Clive Martin

Robbie said:
You can only get Housing Benefit for one property and only where it is
the main place of residence.
This is simply incorrect.

See:

http://www.opsi.gov.uk/si/si2006/20060213.htm#7

There are a range of exceptional circumstances where people can get HB
on two homes at once. However, it is true that it seems unlikely that
this situation could be made to fit into any of them.
Under the circumstances you have outlined she wouldn't get HB for
either property. Nor would she get HB for the one she rents 110 miles
away from your mum if she was to rent and privately fund the rent for
the other property.
Whilst she remains the tenant of her original property, does not sub-let
it, and intends eventually to return to it, she is able to get HB for
any temporary absence of up to 13 weeks without any question. Even if
she were to rent somewhere near her mother commercially for short
periods, she would still be eligible for HB on her original home.

If she were to argue that looking after her mother constitutes
"undertaking medically approved care of a person residing in the United
Kingdom", which it might well be, then she could receive HB on the
original home for a temporary absence of up to 52 weeks, or maybe even
longer.

So she won't get HB on the second property near her mother but will
remain entitled to it on her original home. If she gives up the
original tenancy (which looks like it might be a mistake) she could then
of course get HB on any new home nearer the mother.

Clive
 
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R

Robbie

Clive said:
This is simply incorrect.

See:

http://www.opsi.gov.uk/si/si2006/20060213.htm#7

There are a range of exceptional circumstances where people can get HB
on two homes at once. However, it is true that it seems unlikely that
this situation could be made to fit into any of them.


Whilst she remains the tenant of her original property, does not sub-let
it, and intends eventually to return to it, she is able to get HB for
any temporary absence of up to 13 weeks without any question. Even if
she were to rent somewhere near her mother commercially for short
periods, she would still be eligible for HB on her original home.

If she were to argue that looking after her mother constitutes
"undertaking medically approved care of a person residing in the United
Kingdom", which it might well be, then she could receive HB on the
original home for a temporary absence of up to 52 weeks, or maybe even
longer.

So she won't get HB on the second property near her mother but will
remain entitled to it on her original home. If she gives up the
original tenancy (which looks like it might be a mistake) she could then
of course get HB on any new home nearer the mother.

Clive
Thanks for the correction Clive. I knew that there are limited
circumstances where HB can be paid on two properties but I wasn't aware
that a person could rent two properties and continue to receive HB on
the original property on an ongoing basis beyond 13 weeks.
 

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