Former owner now boarder in property but L/A didnt realise

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  • #39459
    Junep
    Participant

    Dear All

    Scenario
    Former owner is now a boarder in the property he once owned but unfortunately, for whatever reason, this was not identified or divulged at the time the l/a administered the claim for HB.

    Last CTB claim administered for short period back in 2003
    Sold property November 2008
    Became tenant November 2008; with resident landlord
    Claim for HB recd and administered from February 2009,as a boarder

    No queries raised by local authority during administeration but also cannot see that clmt makes any reference to being a former owner nor has he answered the pertinent question asked on application forms.

    Discovered that former owner on recipt of DHP application, so now I am debating with myself whether I can still deal with the subject of former owner and have referred to DAR 4 (official error) but is this an official error? As the information and evidence supplied were correct (well I mean the information and evidence the claimant decided to provide was correct, he just did not refer to his former owner status).

    Don’t believe I could even consider Fraud.

    I think I could possibly suspend, raise query as to whether the clmt would satisfy the l/a of his reasons for selling and renting back and decided from there but am I correct?

    Would anyone like to offer their opinion.

    kind regards and thanks to anyone who reads and also responds.

    June
    :~

    #112219
    Anonymous
    Guest

    “nor has he answered the pertinent question asked on application forms”
    Based on this, if there was an overpayment I’d say its recoverable – claimant has contributed to the error. Only argument against this would be whether the LA should have processed the claim at all with this question unanswered – depends on how the question was phrased and how the rest of the form was completed.

    Do you still have records from 2003 showing he was an owner?

    Best option for now would be to suspend and find out if he could have continued to reside in the dwelling without relinquishing ownership. If not, there are clear grounds to revise (official error / mistake as to material fact).

    #112224
    Junep
    Participant

    Thanks Michael for taking the time to respond

    kind regards
    June
    🙂

    #112225
    Andy Thurman
    Keymaster

    I broadly agree with Michael but also wonder whether there are commerciality/”contrivance” issues here – what was the sale agreement? This is quite a ‘cosy’ arrangement – sell the property but remain there as a lodger?? That suggests the new owner knew your claimant quite well pre purchase!!

    #112226
    Junep
    Participant

    Yes, they are declared as landlord (friend). I have thought to add that to my line of enquiry through the suspension letter; maybe I will end up considering just more than a former owner. I shall wait the response from the clmt.

    kind regards
    June
    🙂

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