Urgent help required please – liability

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    Disabled private tenant has to vacate the property as the heating system is condemned as dangerous. She has no heating and hot water. She is placed in temporary accom at the LA homeless unit.

    Am I correct in saying that if the LL continues to charge her rent at the property whilst the essential repairs are being carried out, that we can continue HB at the property, but NO HB at the temp accommodation?

    Or, as the heating is dangerous so she cannot live in the property, does her liability to pay rent at the property cease until the property is made safe?

    Thanks in advance for any advice

    chris harvey

    I don’t think you can pay benefit on both properties. I can’t see any of the 5 scenarios set out in the regs for benefit on 2 homes applying here.
    I would suggest the claimant queries why she is being charged rent on a property that is temporarily uninhabitable with a view to the rent being waived by the landlord. You can then pay benefit for the temporary accommodation until the former home is habitable again.
    If it turns out she is liable on both for this temporary period I think you will have to pay benefit on the uninhabitable property because this is the normal home.

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