I have got a case which has put me in a dilemma, and I would like some advice.
One of our claimants moved from a tenancy with a private landlord to a new tenancy with a housing association. On the 12th May 2006 he signed the new tenancy. The first day of his new liability to the housing association was the 16th May. He moved in to his new home on the 19th May. On the 23rd May, he wrote to his old landlord who received the letter on the 25th May. Very kindly, his new landlord accepted the notice with effect from the 23rd May, and the claimant’s liability to his old landlord ends with effect from the 22nd June.
The claimant has asked us to pay Housing Benefit in respect of his old tenancy for four weeks after he moved.
I am minded not to do so. This is because it seems clear to me that the claimant did not act promptly to give notice and therefore could easily have avoided being liable for at least part of the period. But of course you could argue that bearing in mind the shortage of HA tenancies in the area, the claimant could hardly have avoided being liable for at least some of the period.
Of course the test is, could the claimant have reasonably avoided liability for two dwellings. Am I being unreasonable, or does the law support my view?
All comments and suggestions will be gratefully received. Thank you for your time.