Terms & Conditions

[Stuart Macd]

Hi

I am looking for a bit of help.

I have a case where a LA tenant moved address on the 21.07.06, however the tenancy was changed over from 03.04.06

As the previous address was due to be demolished, the Housing had told the tenant that he could move when he wanted as there was no tenant waiting to move in.

Housing will not change the tenancy start and end dates.

I think there is something in the regs or a comm decision re being given the wrong info from an official body which would allow me to award HB.

Any help would be most appreciated.

[Stuart Macd]

Aplogies the end date was meant to be the 03.07.06

[Kevin D]

This response assumes there has been no overpayment.

There is nothing in the regs, and there is no Commissioner decision that allows HB to be paid other than by way of the regulations – there are no exceptions to this (er, excluding a very recent case which was, in the opinion of most people, clearly wrongly decided).

The only option is for the LA to consider paying an ex-gratia payment to compensate for any loss suffered by the tenant – such payments are completely separate from the HB scheme.

However, there may be a solution if a bit more info can be provided:

a) is there overlapping liability (i.e. 2-homes)? If so, when did the liability end on the “old” home?

b) is the rent higher at the new address?

c) did the clmt move directly from the “old” home to the new home, or did he live at a third property in between the “old” and new home?

Regards

[Stuart Macd]

Hi further info as requested –

The tenant moved directly from one property to the other.

The rent is the same as it is Council to Council

There is no overlap as Housing have ended and started tenancies consecutively.

Thanks for you assistance

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