Terms & Conditions

[irene lowe]

Any advice on this case would be gratefully received !!!

Claimants story: Male claimant meets up with old female friend who is in an abusive relationship he offers her use of his flat (council property) for a couple of nights – he chivalrously goes and stays with his girlfriend – returns a few days later to see how she is , finds the locks change and cannot gain access, locks have been changed – ex-girl friend and four men at the property at the time warn him off (not in polite terms) – goes to Housing services they cannot help he is advised to report matter to the police and take action to regain possession- he takes their advice and regain possession some three months later when he finally moves back .

Squatters story: met up with old flame told him about abusive relationship with current boyfriend- would leave but has no-where to go – he offers to sublet his flat to her at £100 per week she gives him first weeks rent he goes back to flat with her and changes the locks and gives her the keys – returns after a couple of days he has been tipped off that someone has reported him to L/A for subletting and goes back to flat insisting that she hand it back she refuses and manages to stay put till possession.

Claimant’s claim has been cancelled back to date of vacation as he was no longer resident he is appealing claiming absence from home but of course property was occupied in his words ‘illegally’ in his absence- housing services maintain he continues to have a liability for rent throughout the whole of the period .

We are sticking with not resident on the basis that absence from home can only apply if property remains unoccupied and but would be grateful for any alternative argument

[Anonymous]

If the absence is through fear of violence (up to 52 weeks Reg 7(6)) 2006 Regs) there is no issue as to whether the property remains occupied

There is if the absence is the standard 13 weeks absence (Reg 7(13), but the question is only in the context of whther the property has been let or sub let.

The property has nether been let or sub let if it was occupied by squatters.

I think you should pay on the basis of the claimant being temporarily absent if you think he is a credible witness and he did not sub let and the other occupants were squatter

[irene lowe]

That’s a twist we had not considered – although claimant is suspected to have sub let in the past we have never been able to prove this – iregardless of this he did report the incident which occurred to the police and gave a statement – as such I think we have to accept of the two he would be seen to be the more credible

Have reviewed case again and actual absence from home was six months so can’t apply 13 week temporary absence – have you any other thoughts on this bearing in mind he was unable to return until possession proceedings had been concluded.

[Anonymous]

You stated he was unable to return due to the four men in the property, as stated by Stainsby you could consider the absence through fear of violence. He clearly had an intention to return, and reported the threat to the police.

[Anonymous]

He does not have to take court proceedings to evict squatters in this situation because if they displace a residential occupier or intending residential occupier and refuse to leave when requested, they are committing a criminal offence under the Criminal Law Act 1977.

He could enter and evict at any time without a court order but this is risky legally because of possible implications re assault and/or public order. He could also run the risk of suffering violence from the squatters

As the previous poster said, there is evidence that your claimant remained absent through fear of violence in his home and so the 52 week rule will apply

[irene lowe]

Sorry forgot to make myself clear! the four men were not occupiers merely visitors at the time – there is no suggestion that they remained there – so although I suppose you could still regard them to be a threat the female friend remained in the property alone – although the assumption is she could have called on them again – thank you all for your help will pass this back with your observations to the decision makers .

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