Terms & Conditions

[JamesPickering]

We have a claim from a lady who lives in a property that was recently built on the landlords land originally as an art studio. This lease ended and the landlord has now changed the property into a 1 bed studio flat which he has let out to the lady who has made the claim.

Problem is, we know that when he obtained planning permission for the art studio he was granted it with a clause which stated the building could not be used for residential use.

Planning say they are not going to force the restriction and our CTAX section say they will be referring it to the VO for a band.

Can she get HB?

[Anonymous]

I’ll stick my neck out on this one. 8)
It may be an unlawful tenancy, but is there a crime being committed? Doesn’t appear so, so I don’t think it’s an illegal tenancy.

So, as long as you are sure there is a libility to pay, I would say you can pay HB – though there may be others who would take another view

[Anonymous]

I’d agree with Jon and say yes she can have HB. if the doubts are as the the legality of the liability, this thread may help.

https://hbinfo.org/forum/viewtopic.php?t=2204&highlight=subletting

By the looks of it though, if the planning department are not going to prevent it happening, can’t see any other grounds (no pun intended) for refusal.

[Stalbansbenefits]

[quote:02990566ce]CH/0296/2003

Some issues were raised relating to planning permission, housing lists, and the availability of accomodation. These factors cannot affect the nature of the arrangement between the claimant and his father as landlord and tenant, either individually or collectively.'[/quote:02990566ce]

[Author]

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