Claiming Housing Benefit When Renting From Family

Claiming Housing Benefit When Renting From Family


Unfortunately it isn’t possible to claim housing
benefit if the landlord of your property is a family member and equally if you’ve previously
owned the property, the councils won’t give you any benefits either. So I think it’s well Worthing checking with
your local council but I think that’s the general rule throughout the United Kingdom.

2 thoughts on “Claiming Housing Benefit When Renting From Family

  1. @House Buy Fast unfortunately your position is not correct regarding a person not being able to claim housing benefit for a property which is let to them by a family member. 

    Regulation 9(1)(a) of the Housing Benefit Regulations 2006, SI 2006 No. 213 provides that “A person who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable where the tenancy or other agreement pursuant to which he occupies the dwelling is not on a commercial basis."

    Where Regulation 9(1)(a) applies a claimant is not entitled to housing benefit.

    A family relationship may be indicative that an arrangement is not on a commercial basis and it is a factor to be taken into account. But it is not decisive. In CH/3235/2005 at [21] Commissioner Charles Turnbull (as he then was) said, ”…the fact that (as it found) the Property had been bought with the Claimant in mind did not render the tenancy non-commercial. It is clear that the mere fact that the letting is to a friend or even close relative does not render a tenancy non-commercial.”

    In CH/4854/2003 at [11] Commissioner P.L.Howell (as he then was) stressed that what is important is the nature of the agreement: "…what is important in this context is the nature of the arrangement: the fact that the parties are friendly or related to one another cannot by itself turn a commercial arrangement or agreement into a non-commercial one.

    We have been successful in overturning a number of such decisions including one in which the local authority refused to pay housing benefit to an elderly couple living in accommodation rented to them by close family members.

    I hope that helps to clarify the position.

  2. if me and my family member become joint tenant can my mother claim housing benefit to pay her rent

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