Reply To: Rental liability or no rental liability?


To Clarify.
Fire at property 16/6/23, HA Notified us that the tenant was not being charged rent from the date of the fire and that they would provide and pay for 2 weeks temp accommodation (holiday let) to give the tenant a chance to find alternative (as decant was turned down)

At this point HB was closed. The tenant had no rent liability at the fire damaged property and was not expected to pay for the 2 weeks Holiday accommodation.

The tenant has now sourced their own private rented property and wants to claim HB. We have said, due to 2 weeks where there is No rent liability there is a break in claim and therefore has to move to UC for housing cost.

Claimant has now come up with the idea that if he reimburses the HA for the Holiday Accommodation, he has then paid rent and therefore could claim HB for the Holiday let for 2 weeks (filling the break in his HB claim)

So the question is, if he pays the HA back for the 2 weeks holiday Accommodation, does this mean that he had a rent liability?

Note:- there is no official agreement with HA regarding this and Claimant is waiting to see if we agree to pay HB before he agrees to pay the HA. In fact the HA originally said they were not expecting him to pay for the Temp Accom, they were supplying this as a gesture of goodwill.

Not sure if it is relevant, but the HA are allowing the couple to return to the original property once work has been carried out, which is likely to be 12 – 18 months.

I hope that makes sense.