Overlap payment

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  • #38633
    david bradley
    Participant

    Hi,

    My tenant is moving out in a rush, because of domestic violence.

    I am therefore claiming for an overlap payment so that I recieve the proper 30 days notice I am due and they can claim LHA at there new property. I have looked through the regulation for a section on this without any joy to back up my right to claim for this.

    Can somebody point me in the right direction.

    David

    #109050
    Kevin D
    Participant

    In the circumstances described, the only relevant provision is HBR 7(6)(d). It provides:

    ——————–
    7(6) Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only—

    (d) in the case where a person has moved into a new dwelling occupied as the home, except where paragraph (4) applies, for a period not exceeding 4 benefit weeks from the date on which he moved if he could not reasonably have avoided liability in respect of two dwellings;
    ——————–

    Paragraph 4 is about essential repairs and therefore isn’t pertinent to this case.

    #109051
    david bradley
    Participant

    Thanks Kevin

    #109784
    Andy Thurman
    Keymaster

    Just thought I would add here that the ‘proper’ approach in this circumstance (I believe it ‘easily’ fits to be payable under the reg Kevin quotes) is:
    – Tell your tenant that they will need to pay the notice period.
    – Assure them that this should be payable by HB
    – Provide them a brief written statement of when notice given and length/amount of notice period. You could send this to the council but I would add that “My former tenant as asked me to provide this in respect of his/her benefit claim”
    – Ideally, you should also try to get a signature from your ex-tenant on a request for this to be paid to you. It isn’t strictly necessary (not at all if you were already getting it direct) – proof the amount is unpaid should suffice – but will smooth things.
    – Ensure you tell HB if new tenants before notice period ends – you would have to repay any amount paid for the period after new tenancy commenced but it would be wrong not to.

    Much of the above is based on the fact that it is really the claimant who should be ‘claiming’ this amount (informing council they have an “unavoidable overlap”) so, while you can greatly assist with it (knowing they probably won’t get around to it themselves!!) but worth remembering. As a landlord you have the right to enforce a notice period but no right to claim benefit.

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