housing benefit overlap?

mandy-moo_2

hi, we've finally managed to find somewhere new to rent, but the new landlord wants the tenancy to start on sept 5th, so i've just given my month's notice on our current house, which takes us to 19th sept

we get HB, and i've heard that we can apply for a HB overlap

however, when it comes to filling in the forms, i'm not sure what to put, as different places on the net say different advice.....

we're moving ourselves in dribs and drabs, because we'll be borrowing a van....but i don't know what to say when they ask the actual DATE we'll be moving into the new house? if i say too early BEFORE sept 19th, i'm worried they won't pay the overlap.

we're hoping to be out by about the 17th to give us chance to clean everywhere, plus we have to make sure the current house is freshly painted when we leave ( it was in the tenancy agreement), but i'm worried that the NEW council won't start paying the HB on the new house on the 5th sept which is when the tenancy commences, if we're not actually living in it till the 19th

any advice on what i should say please?

thanks

BigAunty

The Shelter website has information about how to claim housing benefit for two properties.

I think from a tenant point of view, you remain in possession of the property and liable for rent until the landlord receives the keys back and start possession of the property the same way (there should also be a coinciding date on the tenancy contract).

By the way, that re-painting clause isn't legally enforceable - housing law does demand that you leave the property in the same condition as before less wear and tear (such natural deterioration caused by sunlight, for example). Speak to Shelter about this if you don't wish to do this. Do you have a signed inventory/schedule of condition?

mandy-moo_2

hi and thanks...yes i do have a signed inventory, and i signed to say that the house would be painted throughout when i leave...its not too bad though, as i have been doing it gradually the last month or so, and only have the lounge left to do!

i just didn't want to end up saying i'm staying in current property till 19th sept, and then the new council won't start paying the HB on the new house TILL 19th sept, even though the tenancy begins on sept 5th

BigAunty

mandy-moo wrote: »

hi and thanks...yes i do have a signed inventory, and i signed to say that the house would be painted throughout when i leave...its not too bad though, as i have been doing it gradually the last month or so, and only have the lounge left to do!

..

A landlord can put any clause they like in the tenancy contract and a tenant may sign it.

However, it doesn't mean that it's valid and enforceable - statutory housing law overides all other contractual obligations. As there's nothing in housing law that says a tenant must paint, that clause should be considered a 'nice to do' rather than 'must do'.

If, for example, you did not paint the property and the landlord witheld your deposit or took you to court to enforce it, I reckon the judge would have thrown the case out and scolded them.

I think landlords request this type of unenforceable behaviour because they are either ignorant of the tenant's obligation (they really don't have a clue that it's unfair) or they hope the tenants will be ignorant of their rights.

elmer

Housing benefit will only pay an overlap from the day you move into the new house regardless of when the lease starts, so move in as soon as possible.

elmer

mandy-moo_2

thanks elmer, i was going to say we were moving in on either the 5th or 6th sept, but when i mentioned that to my current council, they said i wasn't to move out of THIS house i'm in now till the 19th! because if i did, they wouldn't pay the overlap! thats why i'm so confused!

hbgirl

you can't get HB on the new place until the date you move in. some councils might say that is when you spend the night there.

but you CAN get HB for up to four weeks after you have moved out of the old, for unavoidable liability (the notice period).

so, move into the new one on 5th sep or as soon as possible and you can get HB for the old place up to 19th Sep

newy16

To be able to claim for benefit on two homes - which is what you want to do you have to say that you are sleeping in the new home whether you are or not !!
you also have to say that if you did not move in straight away you would not have got the new property, hence why you have to homes, do NOT say you are moving things over by yourself slowly as you will not get the benefit.
if for some reason they do not give it to you FIGHT the decision

mandy-moo_2

thanks for all your help guys