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  • #22268

    Need advice! (I just want to get some support)

    A tenant signed a tenancy in march 2005, however when carrying out a visit in April 2006 we were notified that he had not moved into the property.

    In April 2005 he went into hospital and contracted MRSA, he was released in September and has been recuperating at his mothers, he finally moved into the property in April 2006.

    Originally we created an overpayment due to the fact that he had never moved into the property until April 2006, however after reading CH2957/2004 I am not sure whether we have made the correct decision.

    Andy Thurman

    I certainly think there is a possibility of treating as occupied based on the synopsis given.
    You’ll need to look carefully at the sequence of events last year – I assume a previous tenancy had ended? Where were claimant’s furniture/effects? If they were moved to new address – when was that? If no furniture, you’ll need to establish some other ‘proof’ of occupation which could be tricky. Did an ‘agent’ set up gas/elec etc. in clmt’s name & end at old address?
    Hope you decide you can pay!! 8) 😉


    I think Andy’s analysis is sound. Have you seen A12/2005 which gives guidance following the decision in CH/2597?

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