Non resident private tenant, subletting

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    Can anyone help please?

    Mr C is the assured shorthold tenant of property A, he sublet the whole of the premises to Mr Z creating a second assured shorthold tenancy. There is a clause in the original TA which prohibits subletting. Mr Z made a claim for HB, the Housing Benefit claim has been refused.
    Shelter have appealed on Mr Zs behalf stating Mr C may have breached his tenancy but that should not stop Mr Z being awarded HB. They have quoted a case which they think is a similar scenario The Governors of the Peabody Donation Fund v Higgins, Court of Appeal 20 June 1983. I had look at this and it appears to deal mainly with the succession of secure tenancies.
    Has anyone had a similar case. How did you resolve it?




    Chris –

    This earlier thread may be of help – see in particular the post by “HBSpecialists”


    May be barking up the wrong tree but I would look at unlawful and illegal tenancies.

    In my opinion, the original tenant is in breach of his tenancy agreement however, this does not mean the the rental liability of the sub-tenant is not enforceable, he will still want him to pay rent and therefore hb could be paid.


    Thanks for your help folks


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