Crack House Closures

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  • #31776
    510233
    Participant

    Hi, anyone wish to offer some advise on how we deal with crack house closures and temporary absense?

    claimant has intention to return but they cant occupy for a set period. Would you pay HB for the period of the closure or would you see if they can be described as living elsewhere for the duration of the closure? Does the landlord have the right to charge rent if the tenant cant occupy?

    How about someone being paid temporary absense as currently on remand, but now the prop that they intended to return to has a closure order for 3 months, are we still paying under temporary absense due to remand or have the goal posts changed at this point?

    thanks for the help!

    #88883
    Kevin D
    Participant

    Taking the HB point… In my view, HB is not payable because the intention to return is impossible. A “desire” to return isn’t the same as an “intention”. Although the circumstances were different, the principles considered in [b:a11421e7e8]CSHB/0405/2005[/b:a11421e7e8] may be of interest.

    #123805
    ruteva
    Participant

    Hi, I have a tricky situation whereby a RSL property has been closed down for a period of 3 months, and the tenant, who is a single parent, has to be re-homed under Homelessnes legislation. We have now had a request from our Housing Dept as to whether we could pay HB on 2 homes, at both the original tenancy and the temp.accommadation they are putting her into? Apparently the intention is for the tenant to return to the property as soon as she can after the 3 months is up. We think we could pay HB for the 3 months on ” temp absense” at the former address but not the new address and she woudl be advised to try and find somewhere to live with family or friends. 🙂

    Help ? !

    #123807
    walmslm
    Participant

    If she is liable for payments of rent at both properties then you’re not in the temporary absence realm.

    Overlapping liabilites or HB on 2 homes can only be paid in certain specific cirsumstances, and it doesn’t sound like this customer meets any of the circumstances.

    Therefore I’d say you can only pay HB in respect of the “new” property.

    #123914
    ruteva
    Participant

    Thank you 🙂

    #124285
    ruteva
    Participant

    It turned out when the tenant went to court for the closure order, that they served an ASBO for 2 years on the property instead, so no need to consider temp.absence / HB on 2 homes now anyway.

    http://www.southwalesargus.co.uk/news/gwentnews/9997009.Asbo_for_Newport_woman_who_set_dogs_on_police/

    🙂

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