Temp Absebce then change of address

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    Scenario – clmt is admitted to hospital on 23/7/10 with the intention to return home. His condition then deteriorates & the decision is taken by medical staff that he cannot return to his current address.
    From 23/8/10 he is given the tenancy on a new address, adapted for his needs, but is still in hospital. On 1/9/10 he gives 1 mths notice on his old address. On 21/9/10 he is discharged from hospital to the new address.

    Can I only treat him as temp. absent until his tenancy starts on 23/8/10, or can I consider it until 1/9/10 when he handed his notice in?
    Also I assume temp.absence only relates to the address he has moved out of rather than his intention to return to ‘a’ home?!!!! 🙄


    I am sure temp absence relates to “a” home, as opposed to previous home in this particular instance, but I think the problem you will have is how to treat the new address as “his home” if he has never actually moved into the property.

    You mentioned the property had to be adapted for his disability so I guess that covers, partly, a period prior to occupancy but did anyone move his belongings into the new address at anytime prior to him physically moving in? That may be the answer you need.


    R(H) 9/05 may be of help.


    Thanks for that. I am happy I can pay on the new address for the 4 weeks prior to him moving in due to the disabled adaptations. The quandry I have is when can I pay up to at the old address?


    My vote is 23.8.10, the date he took the new tenancy as agreed with the nursing staff he was not going to be able to return.

    Even though he may not have handed in his notice until later, perhaps indicating an intention to return, the intention should be realistic. The fact that the medical staff had decided he could not return and found him a new tenancy ended the intention to return

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