Vulnerable Daughter as Tenant

My daughter is a vulnerable person. Mental health issues. I have ‘rented’ my flat to her for about 7 years, she is on whatever ‘benefits’ the government gives out. She, of course, only pays a fraction of the commercial rent. She is 50. Currently the local Council are looking to renew her benefits application and she is catatonically worried that because I;m her father, they will block the benefits.
How does it stand legally? Can her payments be stopped/altered in these circumstances. Im at the end of my rope, Ive supported her all her life, she is utterly ungrateful for everything (her flat is palatial and its moan, moan, moan) Im at odds with her now.and am prepared to be extremely angry if the Council find that theres a difference between me and a professional’ landlord. Any comments? Thanks.

it is ok to rent out your property to a relative and they are getting housing benefit . This is not illegal

Thanks Colin, its what I imagined, but your re-assurance helps.

Regards

as long as you do not live with them and you have a written contract That bit is obvious of course has to be all in a contract

I get you predicament .You rent out cheap and it is not appreciated. Mental illness is draining on relatives, I have had some experience of trying to keep such ones “sweet”. Tho thankfully not with my kids.I also rent out to one of my children , but it is a commercial property at 75% discount. It is what we do for our kids. Stout man

Yes, Shorthold contract and I dont live in her flat. Thanks for ‘mental illness is draining’, you seem obviously to have had previous on it! Yes, about 75% discount, and new boilers and new plastic ‘French Doors’ etc etc ( :grinning:) Stout man yourself!

Why arent you charging at least the LHA rate for the flat, which she would be entitled to? If she is claiming the LHA rate but you are only charging her a lower rent, she may be in trouble.

We wish! I dont think the actual discounted rent is covered in the rent allowance, I dont ask how she makes it up. The allowance criminally low and certainly would not even cover a single room rent. (In Essex)

would be worth checking the single person payment for rent in your area . from benefits on council website

No, really I dont want to know, the problem was that she was very worried that the arrangement would be challenged, Thanks to your assurances Im pretty confident her response to the Council will be ok, if not, like Arnold, ‘Ill be back’ :hand_with_index_finger_and_thumb_crossed:

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I’m really sorry to hear about the situation you’re dealing with. It sounds incredibly stressful and my knowledge of the law is limited but breaking down the legal aspects:

Your daughter’s benefits are determined by her circumstances, not by her relationship with you. If she qualifies for benefits based on her mental health and other criteria, she should continue to receive them.

The fact that you are her father does not automatically disqualify her from receiving benefits. The council will assess her situation independently of your relationship.

It might be helpful to consult with a legal professional who specialises in housing and benefits law. They can provide specific guidance based on your situation and you could use Citizens Advice Bureau who have access to such professionals and other organisations they will sign post you to. I am also happy to help you find some as well if that is useful to you.

Reach out to the council to understand their process and ensure that your daughter’s benefits are reviewed fairly. Again Citizens Advice Bureau will be able to give you the up to date contact numbers.

Keep records of all communications and any agreements you have with your daughter regarding the rent and tenancy.

I am happy to help you in finding a workable solution to this difficult challenge and to provide more detail if that will help. I just did not want to give you information overload :slightly_smiling_face::+1:

Your comments are re-assuring especially as they agree with Colin and David above. Ive enquired early as I think that is always the best way. Thee are steps now before any actual problem occurs, as my daughter has to work through her application. Im very grateful for all the responses, thanks again

DWP will want to know that this is a proper tenancy and that if your daughter went into rent arrears or seriously breached the tenancy agreement, that you would evict her. If the answer is no, they may stop her housing allowance.

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Good day Bill,

Just a quick reminder as most if not all landlords likely know that we do have the right to evict a tenant under certain conditions, but evicting a vulnerable person requires following specific legal procedures and we cannot evict without proper notice and a valid reason.

It is enough for a landlord to just be aware that following specific legal procedures is required, as if ever needed the landlord would take professional advice before taking any action. Hence if asked about eviction then the simple and truthful answer is your own words stating that a vulnerable person requires following specific legal procedures and we cannot evict without proper notice and a valid reason, also that pertinent advice will be taken should such a situation arise.

Wow, 2 really insightful and informative responses, (David andy yourself) Of course I couldnt evict my daughter, strangle her yes, but not evict her. she is devoted to the place. So trapped there, but your point is very powerful and I would implement it if necessary, thanks each and all!

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You just have to make DWP believe you would do it if called upon.

Like you said you have no awareness of their personal finances. To consider the possibility of daughter receiving housing benefit is totally reasonable.

Not having rent could result in property being repossessed for all we know. How does this help his daughter?

By considering her receiving housing allowance is looking out for his daughter.

Mental illness does not excuse responsibility.

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I wish I was ‘holier than thou’, Halfwits who spout sanctimonious claptrap really get on my nerves. My daughter is 50, for at least 35 years she has been nothing but a financial burden. Ive gone without to mortgage myself to the tune of many hundreds of thousand of pounds (Im 76) for littlo or no material reward. She can bear a little responsibility for living in a near-palace for what amounts to nothing. Go forth and multiply.

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You are an Idi >You know nothing about mental heath . You are coming across as s. b (Jealous of property)?

Bill take no notice, the world is full of trolls . Not in your situation , has no idea of life .