Selling House and Claiming Housing Benefits (A Fully Explained Guide) | Sell With Richard (2024)

Selling House and Claiming Housing Benefits (A Fully Explained Guide) | Sell With Richard (1)

Key Takeaway

  • Benefits are only granted to selected citizens under following conditions.
  • It is required for the house owner to live in the same house for at least five years or continuously pay within that period if your property is still under a mortgage.

A considerable number of Housing Benefits (HB) recipients are reported selling their homes and asking the same questions as being discussed here and on different online social forums. It is hoped that this article will give clear answers to the inquiries, as we noticed on social media.

As a direct answer to the question being raised here, once a qualified housing benefits recipient has decided to sell his/her house, the government will presume that you earned a large enough amount of money to no longer be eligible to receive housing benefits.

Based on experience, according to moneysavingexpert.com, “in any sale of property that leads to a HB claim, the Local Authority will check the Land Registry Office records and establish the surplus capital, which they will then expect to see declared by the HB applicant. Any discrepancy would have to be fully explained and could result in the applicant being treated as if they still have the full amount. There are very few ways to hide/move/dispose of capital that would be accepted. However, if you have any significant debts apart from the mortgage (credit cards etc.), you may find that you can pay those off without penalty”.

It is always appropriate to refer the subject matter to the proper authorities and personnel who have actual experience based on the question being raised here. Therefore, we can only discuss and make suggestions based on the information gathered from the U.K. government (GOV.UK) website regarding legal housing provisions.

These benefits are only granted to selected citizens under the following conditions, to wit:

  1. If you are unemployed or on an income of £16,000.00 or less annually
  2. If you are receiving severe disability premium, or are entitled to it
  3. If you have or were entitled to the severe disability premium within the last month and are still eligible for it
  4. You have reached State Pension age
  5. You live in temporary accommodation
  6. If you are residing in sheltered housing with special amenities and facilities such as alarms or wardens

It is being advised to anyone who applies for these benefits that if the required conditions are not met, “you’ll need to claim Universal Credit instead”… and “to use a benefits calculator to verify whether or not you can get a Housing Benefit before you apply”.

A HB beneficiary will be disqualified from receiving government assistance under the following conditions if:

  • Your savings are over £16,000 annually – unless you receive Guarantee Credit of Pension Credit
  • You are paying a mortgage on your own home – you may be able to get Support for Mortgage Interest (SMI)
  • You are staying in a house with a close family member or relative.
  • You are already claiming Universal Credit (unless you’re in temporary or supported housing)
  • Your partner is already claiming Housing Benefit
  • You are a full-time student, that is, unless you have a disability
  • You are residing in the UK as a European Economic Area jobseeker
  • You are an asylum seeker or sponsored to be in the UK
  • You are under or subject to immigration control and if you are granted to leave states that you cannot claim public funds
  • You’re a Crown Tenant

Based on some online public forums under the subject: “Housing Benefit 5-Year Rule”, many have presumed that a ‘5-year rule is’ being observed by the council that is assigned by the government. This requires the house owner to live in the same house for at least five years or continuously pay within that period if your property is still under a mortgage.

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Although there is no official policy for that matter, the same mentioned forum members believed that it is practical to observe that rule in order to make a better deal when you will finally decide to sell your property. You will likely have a very good price because, under normal conditions, property valuation increases annually.

On the other hand, according to the website of ‘moneysavingexpert.com’, “there were actual experiences of two people that sold their houses, banked the capital, went on a world tour with some of the proceeds, and still claimed full HB/CTB on their return while retaining about 3/4 of the sale capital in savings – they were never checked and to this day kept the balance in their names…I’d prefer to avoid than evade” was the given advice of one reactor.

It is highly discouraged to disobey what the government have required to the beneficiaries of HB grants for it is important that we should be always honest in making any legal transactions. After all, the authorities could investigate the matter and discover the hidden discrepancies. If citizens are to remain truthful and industrious, humbly appealing to the assigned council is possible to make them understand a bad financial condition. There may be human considerations and extensions of mortgage payments if one requires it.

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Selling House and Claiming Housing Benefits (A Fully Explained Guide) | Sell With Richard (2)

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Richard has 31+ years of property experience, has been Chairman of several regeneration committees and has helped more than 600 homeowners and landlords get easy, stress-free personal solutions for selling their property. Richard’s goal is to give you unbiased help to receive a quick house sale, even if that means not working with him.

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FAQs

What is a disregarded capital for universal credit? ›

'Capital disregards' are amounts of capital that are not taken into account when deciding how much Universal Credit you can get. Capital disregards include: assets of a business that is trading. premises or land you live in.

What happens if I sell my house but still owe money? ›

The proceeds of the sale are used to pay off all monies owed, taxes, and fees; then you receive the remainder. Nothing bad, because the proceeds from the sale will pay off the money owed. If it is not enough, there could be bad consequences.

Can you sell a house while still paying a mortgage? ›

Yes, you can sell your house with an existing mortgage. Selling with a mortgage is actually very common since the average homeowner stays in their home for about 13 years. That means it's completely normal to pay off your mortgage by selling your home.

Does your house have to be in perfect condition to sell? ›

No for-sale house is ever perfect. But some houses are in better shape and consequently easier to sell than others. If yours isn't one of the stars, but you still need to sell it for the highest possibly price, it's going to take more than low mortgage rates to attract a crowd.

How do I pay myself as a disregarded entity? ›

How to pay yourself from a single member LLC. You pay yourself from your single member LLC by making an owner's draw. Your single-member LLC is a “disregarded entity.” In this case, that means your company's profits and your own income are one and the same.

What is the disregarded entity rule? ›

A disregarded entity LLC is a limited liability company that is not separate from its owner for federal income tax purposes. It's a popular choice for single owners, allowing them to benefit from limited liability protection while avoiding the complexity of corporate tax. This means the LLC itself doesn't pay taxes.

Is it worth selling your house to pay off debt? ›

Selling your house could free up funds to pay off your mortgage and other debt, but it's not the right move for every homeowner. Before selling your home, consider how much equity you have and what expenses would take away from your overall profit.

Can I transfer my mortgage to another person? ›

The short answer is yes, you can transfer your mortgage to another person, but only under certain circ*mstances. To find out if your mortgage is transferable, assumable or assignable, contact your lender and ask.

What happens when you sell a house without paying off the mortgage? ›

For homeowners planning to sell with an existing mortgage, you'll want to keep in mind that the outstanding mortgage debt remains after a sale, and the proceeds will typically go towards paying off the remaining balance.

What is the best alternative to foreclosure? ›

Your Options to Avoid Foreclosure
  • Reinstate Your Loan. ...
  • Enter Into a Repayment Plan. ...
  • Enter Into a Forbearance Agreement. ...
  • Refinance. ...
  • File for Chapter 7 or Chapter 13 Bankruptcy. ...
  • Give Up Your House In a Short Sale or Deed in Lieu of Foreclosure. ...
  • Workouts for Government-Backed Mortgages. ...
  • Getting Help.

Who pays off a mortgage at closing? ›

Actually, At closing the buyer pays the seller the agreed on sale amount. The title company handling the transaction takes those funds and pays off the existing mortgage that the seller had on the property. At the same time the title company installs a new mortgage on the property in the name of the buyer.

What is porting a mortgage? ›

Porting your mortgage deal means staying with your existing lender. It can be a good money-saving option especially if you are part way through a deal which carries exit fees and early repayment charges since you could avoid having to pay (or at least be refunded for) these when you move.

What makes a house not sellable? ›

Your home might not be selling because you didn't spend time staging for photos and showings. The way you stage your home can affect how quickly it sells. If your home is cluttered or messy, it will be hard for buyers to see its potential. Make sure to declutter and deep clean your home before listing it.

Should I fix things in my house before selling? ›

Minor cosmetic repairs – generally updates that you can do without professional help—should be your first consideration when getting your house ready to sell. It's a low-cost way to improve your home's charm, especially if you can complete them yourself. Minor repairs add up and help make your home more inviting.

What is considered a strong offer on a house? ›

The deposit amount varies depending on the purchase price, but a strong EMD is between 2% – 3% of the purchase price of the home. An offer with a strong EMD shows the seller that they are working with a serious and motivated buyer. Another way to show motivation is by shortening the standard contingency timeframes.

How do I know if I am a disregarded entity? ›

An LLC that has one member will be classified as a “disregarded entity.” A disregarded entity is one that is disregarded as an entity separate from its owner. An entity that has more than one member will be classified as a partnership.

What are examples of disregarded entities? ›

The most common disregarded entity is a single-member limited liability company (LLC) that reports its income on its owner's return. An example is an LLC wholly owned by an individual and the income of the LLC is reported on federal Schedule C of the individual's Form 1040 or 1040-SR federal tax return.

How much money can you have in the bank and still claim benefits in the UK? ›

If your savings are: under £6,000, your benefit claim is not affected by your savings. between £6,000 and £16,000, you lose some of your benefit payment.

Is a disregarded entity good or bad? ›

There are pros and cons to owning a disregarded entity. The pros include pass-through taxation, easy tax filing, and limited liability protection. The cons include having a harder time obtaining investors as well as possibly paying self-employment taxes on top of other business taxes.

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