Terms & Conditions

[jaddison]

Can anyone help me with this! Payment on two homes.

My first question is can payment on two homes be made when the claimant is moving from one local authority property to another? Claimant said she had unaviodable overlapping tenancy as she was initially advised by the housing office that the new property should be ready within 6-8 weeks, however she was unexpectedly asked to move out within short notice and she had no money to pay for the removal of her furnishing.

2. Claimant had no intention to move back to the previous property and was being offered the new place due to domestic violence by Ex-partner.

3. She stated that she suffers from severe dyslexia and chronic depression.

4.Start date of new tenancy was 13/03/06 but she moved in on 06/04/06, not sure where she was living. She stated she had to stay with family.

Any contribution will be most appreciated.

[Kevin D]

What was the total period of overplapping liability (irrespective of occupancy)?

[jaddison]

Thanks Kevin

The total period was 4 weeks. This is what the claimant asked for. That is from 13/03/06 to 09/04/06, but just to clarify a bit more. she moved out on 12/03/06; New tenancy starts on 13/03/06; She moves in to new property on 06/04/06; Previous rent account was not closed until 07/05/06

[Panda]

@jaddison

The problem is with the occupancy. For the period 13/03/06-09/04/06 the customer has dual liability but hasn’t moved into her new property, so overlapping liability at this point doesn’t apply.

Unless there are disability-related adaptations you can’t award a payment on two homes prior to occupation.

She moves into the new property from 06/04/06 and has liability on the old property until 07/05/06, and here overlapping liability does apply. Why not consider a payment on two homes because of overlapping liability for the period 10/04/06-07/05/06 instead?

[Julian Hobson]

This is quite an interesting recent decision that touches on it.

http://www.osscsc.gov.uk/judgmentfiles/j2051/CH%201911%202006-00.doc

[jaddison]

Julian, that was an interesting commisioner’s decision. I think I agree to the decision. The claimant in the case I am dealing with will therefore not be entitled to payment on two homes for the period she requested ie 13/03/06 – 09/04/06. We can pay her housing benefit from 06/04/06 for her new address as this is the date she moved into that property and for the previous address h/b can be paid from 13/03/06 to 05/04/06.

I have not had any proof that the delay was due to disability adaptation. I agree with Panda that overlapping liability will not apply since the claimant hadn’t moved to the new property.

Thanks Guys for the contribution.

[jaddison]

Julian, that was an interesting commisioner’s decision. I think I agree to the decision. The claimant in the case I am dealing with will therefore not be entitled to payment on two homes for the period she requested ie 13/03/06 – 09/04/06. We can pay her housing benefit from 06/04/06 for her new address as this is the date she moved into that property and for the previous address h/b can be paid from 13/03/06 to 05/04/06.

I have not had any proof that the delay was due to disability adaptation. I agree with Panda that overlapping liability will not apply since the claimant hadn’t moved to the new property.

Thanks Guys for the contribution.

[Author]

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