Letting to Family Member

by Readers Question

9:27 AM, 24th June 2013
About 8 years ago

Letting to Family Member

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Letting to Family Member

Letting to Family MemberI would really value some advice about letting to a family member please.

I have recently retired and purchased a “retirement home” for my wife and myself.

My intention is to let my current property to my daughter and I have consequently contacted my mortgage provider (Woolwich – Barclays) for permission to do this. Reading the application form that I received from them suggests that consent will not be given as my daughter is currently in receipt of Housing Benefit (£970 / month).

My mortgage situation is that I have an interest only tracker mortgage for which I am paying £46 per month, the mortgage completes in February 2016. I have for a number of years been overpaying and reduced the amount that needs to be repaid by £13,000.

My question is would the Woolwich / Barclays be likely to consent to my letting to my daughter given the minimal mortgage repayment amount, less than 3 years to completion and my having overpaid by £13,000?

The local council have agreed to pay the monthly £970 rent directly into my bank account.

Whilst I would wish to do things legitimately my daughters current tenancy expires at the end of July and with no hope of obtaining alternative accommodation at the LHA rate I feel that I have limited options.

Any advice would be most gratefully received

Many Thanks Dave


Adam Zeeblebum

13:20 PM, 7th July 2013
About 8 years ago

> "The LA has a duty to house people unless they intentionally make themselves homeless"

It's not that simple. There are many issues to consider before a local authority accepts a main housing duty. Even if a main housing duty is accepted, discharging that duty is far from straightforward.

Re. the bedroom tax - this is only applicable in the social housing sector.

> "Probably the most important thing is that currently the council have a duty to house your relative and will do so automatically if evicted from the current accommodation...at which stage the Council will have the responsibility to re-house."

Again, this isn't necessarily accurate - unless I've missed a comment where Dave has stated that his daughter has made a homelessness application and the local authority has accepted a main housing duty. As I noted above, neither the process of accepting a main housing duty nor the action of discharging that duty are straightforward, so relying upon either or both of those things would not be a safe option.

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