LANDLORD A CLOSE RELATIVE RESIDING IN THE DWELLING

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  • #19697
    bulle
    Participant

    Any help or advice for the following situation :

    HB paid to tenant since April 2006.
    Landlord is his father who resides in England.
    Since 02.08.07 father states that he is now living at the rental property while his house in England is sold. He intends to live elsewhere once it has been.
    Question – Would the son still be eligible for HB, bearing in mind REG 9(1)(b).

    #728
    JohnH
    Participant

    Hi Bulle
    Is the son entitled to benefit – No.

    However there are issues that can complicate the case which you might like to consider.

    Does the father reside with his son. If they occupy different parts of the same property they they may be able to raise an argument that they do not reside together.

    The other argument that may be raised is that the father does not ‘normally occupy’ the claim address. Here I suggest you have a look at the guidance in CPAG 19th Edition page 201-202

    Hope that helps

    John

    #170276
    bulle
    Participant

    It's been a while but I hope someone out there can provide advice on a new situation for me.

    There is a new traveller site (planning permission pending) in our area and 3 have applied to us for housing benefit (expempt for UC).

    As expected with a Gypsy/traveller claim there are two agreements – one for the pitch and one for the caravan. In this case they are both privately owned by the same landlord.

    We have referred the total of the two (£198.41) with notes to state what the pitch (£98.41) amount and caravan (£100) is. This is how the Rent officer wanted it as it was one landlord for both. The decision has come back at £75.00 for it all.

    Has anyone had a similar case and what has transpired? So that I can be prepared for what will follow when they have their decision notices.

     

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