DHP/BANKRUPTCY/PTD

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  • #19585
    janep
    Participant

    We have a request for a DHP for a couple who are both pensioners. They receive Pension Credit (GC) of £174.20pw. Their previous home was repossessed. They were made bankrupt in April 2006. They moved into rented accommodation in October 2005. The rent is £161.54pw. Prior to moving into the property they had a Pre-Tenancy determination carried out. Their HB is £77.29pw and the shortfall in their rent is £84.25pw. They are living in a three bedroomed apartment in an expensive area. They are able to meet the shortfall and outgoings with a small amount left over although the amount stated for food is very low (which I have adjusted).
    Initially I have refused the DHP as they were aware of the shortfall in rent before they moved in. However they have asked me to review the decision as they state that as they are bankrupt, this was the only landlord/agent they could find who would let to them. I have also been advised by our housing department that if a person becomes bankrupt – a landlord can evict them. The claimants have also stated that the PTD did not clearly state the amount the claim would be based on – even though this is highlighted and put in a box at the top of the rent officers decision.

    Any views would be appreciated 😕

    #270
    Anonymous
    Guest

    Let’s get this clear

    They occupied the property in October 2005 and at the time took the wise step of obtaining a PTD – which they then ignored claiming that it was unclear.

    Six months later, they are declared bankrupt. (on GC and in rented accomodation there would be little prospect of any dividend to the debtors and they would now be “debt-free”).

    Their argument for moving into an expensive property is that this was the only landlord that would let to them as bankrupts, something that didn’t happen for six months after the tenancy 😕

    On the face of it, they do need additional help with their housing costs so you [i:472d4541a2]could[/i:472d4541a2] make a DHP payment but I guess that I too would be saying no if only for the fact that the PTD has been blatently ignored.

    On the other hand, assuming a 12 month tenancy was taken, it will be up for renewal next month and a token payment could be made with advise that they secure more reasonably priced accomodation in October.

    #271
    janep
    Participant

    Thanks Phil

    Have decided to do just that this morning!

    My main concern was the PTD. They said the decision letter is confusing as it has two figures on it – a claim-related and local reference rent on the lower part of the letter. Of course they chose the higher of the two as being the amount they would receive – they said they did see the statement regarding the amount their claim would be determined on (which is printed in bold at the top of the decision letter and incased in a box!!!!!!) but chose not to enquire about the figures as they presumed they would get the higher amount anyway! 🙄

    Again thanks for your thoughts – much appreciated

    Jane

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