Terms & Conditions

[gksmith]

We have had a case which originally went to the appeals service. The claimant tried to claim rent benefit for the caravan she lives in which was previously owned by her and her ex-husband. This was refused under the old reg 7 and this decision was upheld by the appeals service.

She has stayed in the property ever since and tried to claim the rent on several occasions all of which have been turned down.

We have now received a claim form on which she is just asking for help with the ground rent, as this is not actually part of the home would we now be able to pay benefit just for the ground rent.

gks@great-yarmouth.gov.uk

[Anonymous]

I would say yes. Mr Commissioner Jacobs considered the charges eligible to be met by housing benefit in CH/0318/2005. In that case, the person lived on a narrow boat but the Commissioner held that the charges eligible to be met by HB were very wide (sic)

https://hbinfo.org/comdecs/ch_0318_2005.doc

[Anonymous]

two questions:

Who is she paying the ground rent to?

Who was she paying rent to in her previous applications?

[gksmith]

The rent paid was on a wooden bungalow which was previously jointly owned and occupied by her and her husband. He vacated she relinquished ownership to him and he then charged her monthly rent. The ground rent has always been payable to the owners of the land on which the bungalow is located. On her new claim she is only requesting payment of the ground rent.

gks@great-yarmouth.gov.uk

[Anonymous]

So if I’ve got this right, she’s paying ground rent to someone other than her ex-partner?

In that case, I’d say yes as well.

[p_moss]

Off at a slight tangent… does ground rent have to be referred to the Rent Officer?

[Anonymous]

From the Rent Officers (Housing Benefit Functions) Order 1997:

Special cases

7. (1) This Order shall apply as specified in Schedule 4 in relation to –

…

(b) payments in respect of the site on which a caravan or mobile home stands;

So yes, you should refer ground rents – unless the landlord is a HA and you consider it reasonable, or it’s a pre-1989 agreement etc.

[graeme]

You need to consider who is legally responsible for paying the ground rent to the owner of the land. I’d suggest that it’s the ex-partner (owner of the property) and not the claimant. Tenants in leasehold properties aren’t responsible for paying the lease, the owners are.

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