New claim or change of circumstances

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  • #39171
    Anonymous
    Guest

    If a tenant vacates a property due to essential repairs and is staying with family and friends while the property undergoes repairs. The LL is not charging rent while the tenant is absent. Would the tenant need to complete a new claim on return to the property before HB can be considered from the date of return or would HB be re-instated automatically on notification of return as a change of circumstances?

    Your guidance will be much appreciated.

    Thanks

    #111170
    Kevin D
    Participant

    This depends. If your LA takes the view that “closed period supersessions” are lawful, you could suspend payment (distinguished from ending entitlement) and when the clmt moves back in, simply supersede for the non-entitlement period and recommence payment without a new claim. However, if a decision has already been made to end entitlement, it’s too late and a new claim will be needed.

    If your LA thinks closed period supersessions are NOT lawful, then a new claim is definitely needed because the old award should be superseded to the effect of zero entitlement from when rent liability ends.

    NB: There are a zillion other threads (well, several anyway) debating the legality of closed period supersessions and it wouldn’t add anything to this post to repeat the arguments.

    #111202
    Anonymous
    Guest

    Thank you so much for your useful input Kevin.

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