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housing benefit

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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abiswaslaw
Junior Member
Posts: 52
Joined: Thu Jun 07, 2012 10:34 pm

housing benefit

Post by abiswaslaw » Tue Nov 27, 2012 10:40 pm

I am on JSA, renting accomodation from my brother who is a landlord and this tenancy is purely on commercial basis. Three floor house, I have rented top floor with full seperate facilitis but Spam that I dont need as I dont cook. Local Authority refused my HB claim as it is they discribed is not commercial nature. Can you help, how can I deal this matter with. Thanks

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Wed Nov 28, 2012 11:51 am

Just how is it 'commercial' if you're living there? Commercial = business

Ted
Member
Posts: 109
Joined: Sun Sep 16, 2012 5:13 pm

Post by Ted » Thu Nov 29, 2012 3:50 am

Casa wrote:Just how is it 'commercial' if you're living there? Commercial = business
Casa, I think the LA do not consider his brothers premises is being used as a commercial venture, ie landlord tenant relationship, as they are brothers. Sounds more like a family member helping another family member and then expecting the LA to also chip in!

:shock:

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Thu Nov 29, 2012 11:22 am

http://www.adviceguide.org.uk/england/b ... aying_rent

follow the link above. The local authority can refuse your housing benefit application if it thinks that your rental agreement is non-commercial/un enforceable, usually if you are renting from a close relative who also lives in the property.

Would suggest you seek advice from a housing/benefits advisor.

Khall75
Junior Member
Posts: 57
Joined: Thu Nov 08, 2012 2:48 pm

ILR/ housing benefit

Post by Khall75 » Sat Dec 15, 2012 11:23 pm

@ John
I'm waiting for my ILR 10 base. And expecting it very soon, my query is once I get my ILR can I apply for housing benefit as I will b applying for my wife' FLR m. Will this claim affect my wife case.

wiggsy
Senior Member
Posts: 849
Joined: Sun Jan 06, 2013 6:59 pm
Location: Warwickshire, UK

Post by wiggsy » Sun Jan 13, 2013 3:23 pm

the house would need to be registered as an house of multiple occupation... and the brother (who he rents off) needs to have landlord insurance etc... (as required by law)...

there also needs to be cooking facilities etc...

when i claimed HB in my teens at a shared house, because the LL hadnt registered it as a HMO my LA refused the claim.

do you have a legal tenancy ETC. did your brother take a deposit, and register it at the deposit protection scheme ETC.

all evidence off commercial nature. but close relative COULD be uncle/aunt etc too...
even if you need to pay the rent, its at the LA discretion as to whether they pay it... EVEN if you are the only family living in the house. (IE: your mom and dad own the house and you "rent" off them...

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