Hi, smiler to housing benefit ques. can my friend rent a house from his bro.?

Question

if he cant claim bennift he will be homeless. as far as i know the house was once there mothers and one bro bought it. if he dose'nt let out he would be selling [ i think ] anyway. i hope you can help. thanks.

Answer 1

Technically yes he can. As long it is a commercial tenancy with a legally enforceable contract the he can rent it to his brother

That said local authorities take a dim view of this and may disallow it On the basis that the tenancy is not commercial and that it was made to take advantage of the housing benefit regulations. This can be appealed against but any appeal will take some time during which HB will not be paid

On the HB application make sure that it is declared there is a relationship and explain the purpose is to avoid homelessness. The owner has to be very clear that if the rent goes into arrears he will evict the tenant (it is reasonable for him to wait until the appeal is over to evict, but has to say that if it does not get awarded on appeal he will evict his brother)

You can get advice on this free of charge from your local CAB

Answer 2

Your inquiry is hard to read because of the poor spelling and grammar.  Can you clean it up for us?

Answer 3

It is done all the time, but up to the owner of the house to rent it to the relative.

They must see a lawyer, each one must have their own lawyer.

Every thing must be at arms length. Other wise owner can loose some tax benifts, these laws change from time to time.

There are some legal very tricky aspect here.

Must have every thing in writing. As if there is no relationship but relationship must be disclose.

See a lawyer to work out the details.