Renting a flat to our son - UC credit paying rent?

I'm sure I read somewhere that family members can't rent flats out to their disabled offspring and the rent is covered by UC - is that right?

I'm not thinking of right now as my son is only 19 and lives at home. But I'm thinking of the future if he got a bit better but still unable to work and self-support but might want more independence from us. Renting is not very reliable as landlords are variable but if we owned a flat - which we would be responsible for upkeep and therefore be able to provide a stable and comfortable place for our son, could we rent that out to him and the rent be covered by UC?

I'm afraid we are not well-off enough to buy a flat and he live there rent free long-term.

Any advice much appreciated.

The housing element of universal credit is not available of your landlord is a close relative who also lives in the home, if the landlord doesn't live in the home then the housing element is payable, but the DWP may still be reluctant and ask for proof.

The short answer is "Yes" - yes your son can rent a flat from you and have his rent paid by the housing element of UC.

It is a common misconception that this is not possible, and you/he may initially be told "No". One person I know had to bring a court case to challenge the refusal - they won, because families cannot be expected to (and often cannot afford) to provide free accommodation to their relatives for life, no matter how much they love and care for them.

What you will need to ensure - so your son can get his rent paid by the housing element of UC - is that you have proper proof that it is a legitimate rental arrangement. If you are initially turned down, challenge it.

1. Formal tenancy agreement:

You will both need to sign a formal agreement outlining the terms of the tenancy - such as rent, duration, and responsibilities. The agreement must be legally enforceable in order to show that your son is legally liable to pay rent.

2. Commercial arrangement:

Your son will need to show to the DWP that the arrangement is not contrived solely for his family to gain access to benefits. This means you should act as a genuine landlord, taking on the usual responsibilities, such as maintenance and repairs, as set out in the tenancy agreement.

3. Regular rent payments:

Your son must make regular rent payments, as they would with any landlord - and you must be prepared to say to the DWP that you would evict him for non-payment.

4. Separate residences:

The tenancy must be for a separate property or a self-contained part of your home - one that could be rented out to strangers.

5. Proof of tenancy:

Your son will be asked to provide evidence to the DWP demonstrating the commercial nature of the tenancy, such as a copy of the tenancy agreement and rent receipts (eg entries on his bank statement).

6. Compliance with regulations:

As a landlord, you must comply with all relevant regulations, such as those related to safety (gas safety certificate, energy performance certificate).

Further sources of info:

* england.shelter.org.uk/housing_advice/be...you_rent_from_family
* commonslibrary.parliament.uk/benefit-sup...ting-from-relatives/
* www.haart.co.uk/landlords/landlord-advic...y-to-family-members/

Good luck!

I sent a long reply to this post but can't see it in the forum - it's my first time posting here, so maybe it will appear later so, rather than typing it all out again, I will check back later to see if it has appeared but the short answer is "Yes" - yes your son can claim the housing element of UC for a flat he rents from you (either in a separate building; or in a separate part of your home) so long as he has a proper tenancy agreement and pays rent regularly, and so long as you take on the responsibilities of a landlord (repairs, safety checks) and would be prepared to evict him for non-payment of rent. So long as you show the DWP it is a proper commercial arrangement, rather than something cooked up for the sole purpose of getting access to benefits, the housing element will be payable. Good luck!

My understanding is a family member can not rent off another family member and claim housing benefit. I am sure if it was allowed it would be wide open to fruad and the reason it is not allowed.