Delay Moving in for Medical Reasons

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  • #43872
    gr_fellows
    Participant

    Hi can anyone help as I'm having a real nightmare with this one.  I'm trying to work out what the start date for this should be and whether there is entitlement prior to moving in.  It is a council tenancy that started on 1 Oct and the CL and PT moved in on the 25 Oct.  They have moved from the other end of the country and have both had significant health problems in the interim which have prevented them from moving in earlier as follows:

    The clmt was too ill to move straightaway at the other end of the country, and was in hospital on 3/4 October up there under observation for a suspected blood clot in his leg, then needed to go to hospital again for an MRI scan on 9 Oct. he then had an appointment with an orthapaedic surgeon on the 16th and followups with his GP until 22 October.

    The PT said she was in the new property on the start day of the tenancy moving their furniture and possessions in; but she told me that she stayed overnight with her daughter who lives locally and went back up to where her partner was (at the old property at the other end of the country). They both then ended up staying due to the clmt's health problems and  she also had a medical procedure done on her eye on 19 Oct.

    Can I consider the partner as having occupied the property on 1 Oct when the rent liability started?  And if not, could they be paid HB prior to moving in as the clmt was in hospital – or would he have to have been in hospital the whole time. 

     

    Thanks in advance for your help

    #124646
    Andy Thurman
    Keymaster

    I would take the partner’s statement (along with case law precedent re furniture etc. where claimant in hospital) and go with move in on 1st.

    #124731
    gr_fellows
    Participant

    Thanks for your help – you wouldn’t happen to have a refeence for the case would you?

    #124736
    juju
    Participant

    R(H)9/05 – if I put a space between ‘H’ and 9/05 I get a smiley face!!!
    CH/2957/2004

    #124740
    gr_fellows
    Participant

    Brilliant thanks very much.

    #124742
    Andy Thurman
    Keymaster

    Much quicker than I could have found it!

    #124782
    juju
    Participant

    Only that quick because I used the same case only a short while ago – so I actually knew where I had it stored!

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