Good Cause Backdate?

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
  • #22960
    j parkin

    Can anyone advise on this one?

    Couple renting LA (ALMO) property split with Mr throwing Mrs and child out, Mrs does not return through fear of violence.

    Mrs gets solicitor involved and gets possession of the house 3 months later.

    Mrs applies for benefit, asking that it be paid from the date that she was thrown out (no previous claim).

    Former partner, though living in property was not making payments of rent . Because there were pre existing rent arrears landlord insists that Mrs is liable for the full period in which she was unable to live in the property, when she gets possession.

    If backdating is considered appropriate, good cause is also considered to be satisfied because she could not return, and could not reasonably know landlord would hold her liable for rent on a property she was not living in etc.

    Ideally I would treat Mr as not living there as he’s been treated as not liable for rent. However because former partner was living in the property and not paying rent I’m wondering how to treat this, apart from advising her that she should seek help from welfare advice because it seems incredibly unfair that the landlord treat her as liable for the period in question because they apparently don’t know where Mr has gone.


    If she was tenant or joint tenant then perhaps the landlord can hold her liable even if she wasn’t there. If this is the case, can’t you treat her being away for three months as temporary absence and consider her claim on that basis? (Nothing in Regs says claim has to have been made in advance of, or during the absence…).

Viewing 2 posts - 1 through 2 (of 2 total)
  • You must be logged in to reply to this topic.