Renting to family. — Scope | Disability forum
If we become concerned about you or anyone else while using one of our services, we will act in line with our safeguarding policy and procedures. This may involve sharing this information with relevant authorities to ensure we comply with our policies and legal obligations.

Find out how to let us know if you're concerned about another member's safety.

Renting to family.

TeddyB22
TeddyB22 Member Posts: 178 Courageous
edited March 2021 in Universal Credit (UC)
My brother lives in my other brother's house. He had asked him to claim the housing element of UC. He has lived there rent free for over a year. UC tell him it is a 'contrived rent' & don't believe he has been letting my brother stay for nothing. A local MP also said that you can't rent to relatives. I'm sure both are wrong. My Mum rented off my uncle for years before the brother that I'm speaking of became her landlord (though she claims HB on legacy).
If they don't pay the rent my brother is going to sell.
It's putting a real strain on our relationships. I think not charging rent for a year while he looked for work was noble but he is taking advantage now. He's had 3 jobs that hes walked out on & now has applied for PIP.
Tagged:

Comments

  • calcotti
    calcotti Member Posts: 6,375 Disability Gamechanger
    edited March 2021
    If the two brothers live in separate houses and he has been living there rent free but now wants to charge rent that will undoubtedly be seen as a contrived tenancy and no housing element is payable.
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/969171/admf2.pdf
    F2140 A claimant will be treated as not liable to make any payment or payments where the DM is satisfied that the claimant’s liability to make the payments was contrived1 in order to
    1. secure the HCE in an award of or
    2. increase the amount of the HCE in an award of UC.
    if they live in the same house then housing element is not payable regardless of other circumstances.
    F2105 A claimant will be treated as not liable to make rent payments where the liability is owed to a person who lives in the accommodation and who is...
    3. a close relative of
    3.1 the claimant ...


    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • TeddyB22
    TeddyB22 Member Posts: 178 Courageous
    Thank you for your reply. I was hoping to move into a house that my brother owns. I was going to claim housing for there. My brother is moving back to Scotland. It's near my Mum who is disabled & it's really hard to get a house there as I'm single & the private rent is quite high.
    Take care.

  • calcotti
    calcotti Member Posts: 6,375 Disability Gamechanger
    It’s not impossible to get help with rent if you rent from a close relative (provided they don’t also live there) but it is hard and certainly can’t be relied on.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • woodbine
    woodbine Member, Community Co-Production Group Posts: 7,751 Disability Gamechanger
    The fact that he has lived there rent free for a year will go against him, as above it's hard to prove that renting to/from family isn't a contrived tennancy 
    Be extra nice to new members.

Brightness

Complete our feedback form and tell us how we can make the community better.

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.