tolerated tresspass

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  • #23041
    Sue Wills
    Participant

    Can someone provide assistance regarding “tolerated tresspass”. We are currently paying a customer who is a tolerated tresspasser. HB has continued under the “use and occupation” payments. However the customer is now held at her majesty`s pleasure on remand.

    The argument is that as they are not occupying the address so should we continue benefit. For me the benefit regulations dont suddenly change just because it is a tolerated tresspass and the usual time scales would apply.
    Please can someone concur or otherwise. 😕

    #10683
    petedavies
    Participant

    Must admit I cannot see an argument to do anything other than to treat them as being in occupation.

    You have accepted there is a liability for rent and that the property was occupied. What happens afterwards is a result of the action of the Regs, not the nature of the agreement between LL and tenant.

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