Homeless Placement no lease agreement in place

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    Our Housing Needs team has placed a family in a self contained house which is leased by a Company. However there is no lease in place between the Company and our Authority.

    It is a one off placement as the other usual temporary accommodation was not available.

    I cannot see that this falls into any of the categories listed in S1/2011.

    Can anyone advise if we can pay housing benefit on this, and if there has been any other circulars that would cover this since S1/2011?


    Who does the claimant pay rent to?


    The claimant will pay rent to the local authority

    Peter Barker

    In that case what you probably have is a licence granted to the Council by the leaseholder, with the Council in turn granting a licence to the family. That means the Council is providing the accommodation to the family: there is no direct contractual relationship between the family and the leaseholder.

    This attracts HB rather than UC, and it will be caught by Article 17A of the Subsidy Order (licensed self contained).


    I have confirmed that there is no form of Agreement/Licence between the leaseholder of the property, and the Authority, hence why I don’t think it falls into any of the temporary accommodation categories.

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