Terms & Conditions

[Anonymous]

We have a couple whose home was damaged by fire, they are Housing association tenants. They were temporarily housed by the homeless section for a period of 25 days, until the Housing association found them temporary accommodation until there own home can be repaired.

HB has been payable on the fire damaged home throughout as the liability still exists. However, we have received a claim from the Housing section for the 25 days that they resided in homeless accommodation. They are not being charged any rent in the temporary Housing association property.

I have looked at the old reg 5(5) now new reg 7(6) and cant see how we can?

Have I missed anything?

[markp]

Have they formally been offered a decanted tenancy? If that is the case then rent is payable on their home and can be covered by HB as the issue of two homes will not arise.

The problem of the temporary absence whilst in the Homeless section arranged property is possibly covered in Reg 5 (4) (old regs) Reg 7(4) new Regs. Unless I’m reading it wrong, which could be the case as I’ve been off for a week and HB has been the furthest thing from my mind (!!), this is possibly allowing for this situation and the HA should be asked to waive the rent for the period they could not rehouse their tenants.

Willing, as ever, to be corrected.

Do I know what I'm doing? The jury's out on that........................

[Anonymous]

No they haven’t been offered a decanted tenancy. They are just staying in temporary accommodation which they are not being charged for while there own property is made fit for them to live in again.

[markp]

I’m more of the opinion that whilst not in HA property they shouldn’t be charged rent than before following your reply. Perhaps it would reflect badly as a “void” property on the part of the HA and they’re trying to avoid that – obviously don’t know enough about your particular case to comment further on that.

Other thought is – did the HA arrange the temporary accommodation with your homeless section or are they picking up the tab for it, in which case it would, to my mind be a decant and the rent being charged on the original home would be seen to cover this (thinking as I type and that, believe me, is dangerous!!)

If they aren’t being charged for the temporary property then there isn’t a liability on that property to worry about and I would go along with Reg 7(4) and treat as though liable for property undergoing restoration.

Maybe simplistic, but, problem solved?

Do I know what I'm doing? The jury's out on that........................

[Anonymous]

I would agree – if they are not being charged rent for the temporary accomodation, why would we consider awarding HB? – There is obviously no liability to pay.

[Author]

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