Can anyone advise re: my client with disabilities living on a small boat with a van parked up alongside for cooking? He is finding it increasingly hard to manage but does not want to apply for LA housing as he likes the environment (boat yard). His neighbour has a barge and says one end is suitable for client. Client is keen to move next door but unsure about benefits situation. He would be lodger with resident landlord - can he claim HB? Would there be any problems re: renting on commercial basis? Neighbour has not rented out this space before. Any suggestions - signposting to relevant legislation appreciated.

I see no problem with the landlord being resident, as long as he isn't a relative of your client.

I suppose there is the possibility of the LA raising the commerciality issue. The main issue might be the general "lettability" of the accommodation. Is it the sort of accommodation that would attract tenants if it was advertised on the open market. The fact that it has never been let before should not be a problem in itself, as long as there is clear evidence of a contract or licence to occupy with enforceable terms.

Nothing you have told us would indicate that your client would not be entitled to Hb (depending on income/capital etc) as regards the rent side of things.

What makes you think there would be problems "re: renting on commercial basis?" ?

Does he pay rent now? mooring fees (or boat storage fees) could be eligible for Hb depending on income/capital etc. of course.

Thanks for your feedback. I agree there would not, on the face of it, be a problem. I consulted with Shelter, however, and was told there might be problems with HB saying it was a 'contrived tenancy' by virtue of landlord and tenant being friends and neighbours first, as well as possible difficulties relating to whether the agreement could be said to be truly 'commercial' - would the landlord be willing to let to anyone and on what basis? Shelter advised this was one issue that could only be resolved by actual application to HB and consequent appeal if necessary. I just wanted others' opinion before I advised. Thanks again.

See the follwing:
R(IS)11/98 (family letting to incapacitated daughter)
CH/1097/2004 (friend letting room to help her out)

Both the above decisions held that the arrangement was on a commercial basis

Thank you Stainsby