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Can I charge My son Rent if he lives in my house and receiving ESA ?

monkeybrains2525

Hi Everyone.
1,I am retired 68 years old and own my own home,I do not receive any benefits.
2,My 36 year old son lives with me and occupies 1 bedroom.
3,My son receives ESA (not support group) and receives about £400 per month which goes towards his needs including the majority on food.
4,I receive a State pension.
5,Can I approach my local authority and tell them that I am going to start charging my son rent and is he entitled to apply to the local authority for housing benefit?
Thank you.

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poppy123456

HI,

I'm one of the community champions here on scope and i'm here to help and advise others.

I'm afraid your son will not be able to claim for help with the rent while he lives with you because you are classed as a member of close family.

https://england.shelter.org.uk/housing_advice/benefits/housing_benefit_renting_from_family

monkeybrains2525

Thank you Poppy.

monkeybrains2525

Hi Poppy,If I was to move out of my home and rent the house to my son with a legal tenancy agreement It looks like I could rent the property to my son and he could apply for housing benefit....correct? Thank you Poppy.

Ripples

@monkeybrains2525 It may not be as simple as just issuing a legal contract as you would have to prove that it wasn't a contrived tenancy, this could include for example a deposit having to be put in to a recognised rent deposit scheme, a current gas safety certificate, evidence of rental payments, utility bills in his name. You could be liable for tax on income from a rented property and any future sale of a property which isn't your main residence. Then we come to your son who you say is receiving legacy ESA which is in the WRA group? I think I am right in saying he cannot make a new claim for Housing Benefit he would have to make a claim for Universal Credit which means he would be paid by Universal Credit monthly his ESA would be migrated to Universal Credit and instead he would be claiming Limited Capability For Work (LCW) Your son would only be entitled to one bedroom so if your house has more than one bedroom then he would be subject to the spare room subsidy, ( commonly called the bedroom tax). Be aware DWP can check to see whose name is on a land registry they are also linked closely to HMRC so your son would have to declare that the property is owned by a relative for transparency.

poppy123456

@Ripples is partly correct with the advice. Renting to your son and your son claiming for help with the rent isn't as easy as you think. If you're thinking of moving out just so that he can claim for help with the rent then be aware that he could be refused and they may think it's a contrived tenancy. As he was also a former non dependent then it could be very difficult to prove otherwise.

The advice given about the bedroom tax isn't correct because bedroom tax only applies to those living in social housing, it doesn't apply to those renting privately.

The local housing allowance rates will apply here and he will be entitled to the 1 bedroom rate. You can check here by putting your post code in to see what that rate is for your local area. https://lha-direct.voa.gov.uk/

Also new claims for housing benefit are no longer possible in any area unless a person is claiming a severe disability premium in another benefit. If they are not then they would need to claim Universal Credit for help with the rent. Based on the amount of ESA he's receiving then he's not claiming any SDP so he would need to claim UC for help with the rent. As he's not in the Support Group then his claim would be Income related which will mean it will transfer to UC and be paid as 1 monthly payment.

Ripples

I am grateful to poppy for pointing out that the term 'bedroom tax ' isn't applied to private rentals although they all follow the same under occupancy rules and the net effect is the same whatever you call it and as we have both said your son will only be paid a percentage of the eligible rent for which he qualifies

poppy123456

Ripples said:

I am grateful to poppy for pointing out that the term 'bedroom tax ' isn't applied to private rentals although they all follow the same under occupancy rules and the net effect is the same whatever you call it and as we have both said your son will only be paid a percentage of the eligible rent for which he qualifies

Sorry but that's still not exactly correct. For someone that lives in a social housing property if they are claiming a means tested benefit like ESA or UC and they have no earned Income they will receive 100% housing element and all of their rent is covered where ever they live in the country BUT if they have spare bedrooms then the rent will be reduced accordingly as you mentioned here.

For those renting privately then the rent is based on the broad rental market for the area in which they live. This means that a single person over the age of 35 will be entitled to the 1 bedroom rate of LHA BUT this will differ depending on which area you live. If someone is living up North then the rent for privately rented properties is very often much less than it is for some parts of the country further down South, having lived in both parts myself over the years i know the difference between the 2. You will only receive the amount based on your circumstances but the deductions you mentioned above don't apply to those renting privately. As explained here in this link. https://www.gov.uk/government/publications/understanding-local-housing-allowances-rates-broad-rental-market-areas

For these purposed the same rules apply to those claiming housing benefit and housing element.

Either way, the son is going to find it very difficult, to claim any help for the rent whether they are living with the parent or renting a house from them.

Ripples

We are going over the same old ground, the end result is the same if you are judged to be living in a property that has more bedrooms than you need WHETHER you are renting privately or through social housing you will not get the full housing element. It is enough that we disagree and I leave it there.

monkeybrains2525

Thank you to Poppy and Ripples for your valuable information and input.

martin1996

Hi through letter IV had to go from incomsurport to universal credit IV 2 adults son living with me one is autistic with learning disabilities and 30 years old I'm his mum and full time carer and now UC are saying he now has to pay his part of rent and he's only on ESA please advice from Ruth

poppy123456

https://forum.scope.org.uk/discussion/comment/904239#Comment_904239

More information is needed to be able to advise you.

1/ Are you claiming a disability benefit yourself such as PIP daily living or DLA mid/high rate care?

2/ If not are both of your sons claiming a qualifying disability benefit such as PIP daily living or DLA mid/high rate care?

Needhelpandadvice

@monkeybrains2525 I am going to be morbid here and ask, what happens when something happens to you. Does your Son inherit the house etc etc etc.

The reason why I ask this for, is that someone that I knew years ago, he owned his house, he then sold it to his Son and had it legally that he could remain in the house until he either died or that he needed a nursing home.

The Son and his partner were working, so a different matter, but they beat the inheritance tax by selling the property before he died, rather than paying taxes after he had passed away.

If you go to a solicitor, which is going to cost money, but you might be able to sell your Son the house maybe for £1 I say maybe, but please do not quote me on that one.

Your Son would then be the property owner, and you would then be the tenant. If he is going to get the house after things happen to you, why not do it now?

Just a thought, but get legal advise first rather than taking my word for it.

poppy123456

@Needhelpandadvice this thread is from 2020 and the member hasn’t been active since 2021.

Though it didn’t help that a new member posted their question on this thread which then brought it to the top. This is why it’s always better to start your own thread with any questions.

Needhelpandadvice

@poppy123456 I have not had a cup of coffee yet, and yes I did not check the date, it was only because Martin, and sadly he is not the only person that does it posted a question on someone's thread so obviously this thread popped up.

However, maybe the admins or moderators, should start locking old threads down, so no one can post on them, but they are there to read if a search is made.

I never had questions though, only answers or suggestions, so blame Martin, not me lol