Terms & Conditions

[Anonymous]

We have a claimant trying to claim housing benefit at an illegal caravan site – ie no planning permission. He has a rental liability. Can we pay ?

[Kevin D]

Planning permission, or the lack of it, makes no difference. The relevant question is:

“Can the L/L enforce the liability against the tenant?”

If the answer is yes, then it’s down to all the usual considerations (e.g. is the liability genuine / commercial / contrived etc).

[rds01]

Hi, just checking to see if this is still correct?  We have a caravan site and we have just found out that it that does not have planning permisison for the caravans but is charging rent and we have awarded HB.  How do we prove if the landlord can enforce it?  If the tenants do not pay their rent I assume the landlord will evict them? Can HB still be awarded?  Thanks in advance.

[Kay_Tade]

[quote=rds01]Hi, just checking to see if this is still correct?[/quote] As far as I know, even with the sub-tenancy reg changes  (Unlawful and illegal tenancies).

[rds01]

Thank you – please can you point me to where the regs are regarding unlawful tenancies?  Many thanks.

[Kay_Tade]

Here : http://www.legislation.gov.uk/ukpga/2013/3/contents

[rds01]

Thanks for this.  This refers to Social Housing and sub-tenancies so assume my scenario is not covered and HB can be awarded.  Our planning team are saying we should stop all payments of HB as the site owner has breached planning terms.  I don't think we can stop HB.  The site owner could appeal, re-apply for permission, tenants could be forced to move on and be homeless etc?  Thanks for your help.

[John Boxall]

It might be worth starting with a call to your Housing Advice team, presumably the tenants might have a counter claim against the landlord.

 

There could also be issues over the deposit which in turn may affect action over rent arrears

Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

Wilkins Micawber, Ch12 David Copperfield

[Kay_Tade]

[quote=rds01]Thanks for this.  This refers to Social Housing and sub-tenancies so assume my scenario is not covered and HB can be awarded.[/quote] Yes, I was pointing out that, even with the Social Housing moving from unlawful to illegal HB is still payable, well, some say it's arguable, some say it's not payable, but that's a different scenario and for another time.

[Author]

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