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LHA for pensioner mom in retirement flat owned by son?

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Hello All

I don't know if anyone can shed any light on this one. I can't find anything already posted that fits this scenario precisely.

My mother, a pensioner, currently lives in the Midlands and rents from a private landlord, the rent being paid by Housing Benefit. She has had her rent paid by HB ever since she retired and got her first state pension in fact (10 years now). Due to advancing age, she needs to move to be nearer to my brother down south and sooner rather than later due to a fall last year which has left her feeling vulnerable. I live abroad.

I am able to buy a small one bedroom, warden controlled flat in the respective county for her to live in but she would need LHA as I would not be able to afford for her to live there rent free. I am aware of this being possible if it is on a commercial basis with a proper tenancy etc. which would be the case but we spoke to the respective Council today and they have said that it would probably be refused because I am buying the flat for her specifically (which is true) and would not have had a previous tenant in there prior to her. I am not looking for any more rent than the LHA will provide and could make a whole lot more letting privately if I really wanted to make money out of this. She only has a state pension and is also on guaranteed pension credit. I own one other property in the Midlands which is currently let out on an AST and managed by a letting agent.

I need to proceed with this because my mother really needs to move before she gets much older yet can't risk her moving in, the LHA being refused and me not being able to meet the expenses on the place (which could then ultimately lead to her having to leave the flat). We spoke to Shelter today before speaking to the Council and they seemed to think that she would get it. Has anyone else been in this position before and did it work out? It seems crazy that a) she already gets HB and has done for 10 years b) she could rent from anyone else and get it c) I could rent to anyone else in her position and they would get it. There would be no more money coming out of the public purse than already is. The only stumbling block I can see is that I am her son.

Any advice would be much appreciated.

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