can you claim housing benefit if you live in a commercial property?
A couple of weeks ago I moved into what I thought was a normal residential flat, but actually it has been sub-letted to me as a residencial let, but actually the whole property is on a commercial lease.
Thing is, I’m disabled and need to claim benefits… i really like my new home (and it is really a home, its not used for anything commercial at all), it is perfect for me, but i need to be able to claim housing benefit, can i still do that?
Rent Back Fast
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May 6th, 2010 at 2:08 am
You can claim housing benefit IF YOU PAY RENT …
May 7th, 2010 at 3:49 am
You need to ask your local council, i very much doubt if if you should be living there at all, usually commercial means commercial!
May 7th, 2010 at 6:10 am
Hi I work for benefits, you cannot claim housing benefit on a commercial let even if it is being used for dommestic use.
Do you pay council tax for your flat or is this included in the business rates for the commercial property? If so you need to contact you local council tax office, the council tax office will send a visiting officer who will be able to assess the commercial and domestic properties separateley, they will then be able to create a billable account for council tax on your flat that will be separate from the bussiness rates for the commercial property.
Once there is a separate council tax account for your flat (if there isn’t already) then you can claim housing and council tax benefit.
If the property is being used for dommestic purpose it shouldn’t be classed as a commercial property
Hope this helps
EDIT – Your landlord will also need to provide you with a tenancy agreement that covers the flat separately from the business
May 7th, 2010 at 6:36 am
Alan V…. how come you are not a top contributor? you always answer everything so well.
May 7th, 2010 at 11:16 am
Yes of course you can claim Housing Benefit in these circumstances. Providing it is your home, you are liable to pay rent and meet the usual Housing Benefit conditions of entitlement
I am really unclear why people think you cannot. If you were unable to claim Housing Benefit in such circumstances no one living above a rented shop, would ever qualify, which is absurd