Unfair on tenant moving?

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    Can someone advise if there is anyway to help this tenant?

    She was staying in a LA tenancy with a weekly rental liability – and then moved to another LA tenancy in the same area.

    The tenant was given keys for the new tenancy in advance and would be liable for rent at her new home from Mon 27/09/10. However she actually moved in to her new tenancy on 24/09/10.

    As a result the HB team have ended the HB payment from 23/09/10 -however there is a rental liability till 26/09/10 – at the previous tenancy.

    Is there any way that this gap of three days (24,25 and 26th of September) can be covered by HB?



    Reg 7(7) seems to cover it.

    (7) Where—
    (a) a person has moved into a dwelling for which he is not liable to make payments (“the new dwelling”); and
    (b) immediately before that move, he was liable to make payments for the dwelling he previously occupied as his home (“the former dwelling”); and
    (c) that liability continues after he has moved into the new dwelling, he shall be treated as occupying the former dwelling as his home for a period not exceeding 4 benefit weeks if he could not reasonably have avoided liability in respect of that former dwelling.

    She was not liable to pay rent for the new property when he moved in (she only became liable a few days later). So you can pay to the end of the week for the old address.

    The unavoidable part is easy to justify – quite simply you can’t relinquish a weekly Council tenancy midweek. She could not have avoided the rent for those last few days.


    Thanks Michael

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