It would make perfect sense Jen, but he doesn't want to know at the moment, he wants to wait as property prices are going up hand over fist. We are going to take legal advice over it.
Commercial Arrangements
Where a person is renting a property they are usually entitled to claim Housing Benefit if they have a commercial arrangement and the Local Authority is satisfied that the arrangement was not set up to take advantage of the Housing Benefit scheme.
This would mean that the agreement would need to be enforceable in law in order to show that it was a commercial agreement. You may find that some authorities want more information or evidence of the agreement from you before they are willing to accept that the tenancy is a commercial one particularly where you are letting to relatives. Please note it is for the claimant/landlord to prove the agreement is a commercial one and for the Local Authority to show that the tenancy is set up to abuse the system.