Right to Occupy a Property

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • #31747
    wintlejb
    Participant

    I have a case where the claimant is renting from her son who previously occupied the property with her. Having obtained the copy of the register of title from Land Registry we have established that there is a restriction placed on the sale of the property. The restriction is that the landlord cannot sell the property without the written consent of the claimant.

    Does this mean that the claimant has a right to occupy the property and, therefore, the landlord cannot grant a tenancy and subsequently HB cannot be paid.

    The claimant is unable to provide any more details as to the nature of the restriction or any legal document setting out the position.

    #88807
    John Boxall
    Participant

    [quote:0689a6f0d2]The claimant is unable to provide any more details as to the nature of the restriction or any legal document setting out the position[/quote:0689a6f0d2].

    I suspect that in fact they are unwilling.

    You will need to get her to provide the full chapter and verse of the reason for this restriction on the property and the supporting documentation before any entitlement can be considered.

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #88808
    peterdelamothe
    Keymaster

    This is a case where “adverse inference” is begging to be used. You ask the question, the claimant does not provide a satisfactory explanation; you make a positive decision that the claimant is not entitled and put the ball firmly back into their court.

    My suspicion is that your claimant previously owned the property and gave / sold it to her son on the proviso that she could live there for life. That does not mean there is no entitlement to HB; there might still be. But until and unless your claimant tells you exactly what the situation is, you cannot make a decision on that.

    #88809
    Kevin D
    Participant

    If the claimant has the right of occupancy (only the docs will show this) and IF that was not dependant upon any rental liability, there will be no HB entitlement as any subsequent “agreement” will not be enforceable. [b:e025350de6]CH/1578/2006[/b:e025350de6] may be of interest.

Viewing 4 posts - 1 through 4 (of 4 total)
  • You must be logged in to reply to this topic.