Moving properties on HB

salfordgirl

Hi

Im asking for a friend,

She are currently in a private rental place but has been informed landlord wants to sell so they need to move.

She have found another private rental place they can move into asap.

Ive read about the 4 weeks overlap for HB? As they need to give a months notice on the current place, but will be moving into the new one asap?

What are the rules/regulations for this?

fed_up_and_stressed

Your friend will have to show that you could not avoid an overlap between the end of your old tenancy and the start of your their tenancy. For example, if she had to accept the tenancy at your new home immediately, but she still had to give notice to end the tenancy at her old place. Housing benefit for the new home can usually only be paid once she has moved in.

Housing Benefit can normally only be paid on one property at a time even if she is liable to pay the rent on more than one property.

However if youhas moved into a new property but still have to pay rent for your old property and your landlord requires you to give notice it might be possible for the council to pay Housing Benefit on both properties. This is called overlapping Housing Benefit.

The council cannot pay Housing Benefit on your new property until you have actually moved into it permanently (unless the building is being adapted for disabilities, or you are waiting for a social fund loan to enable you to move in).

Housing Benefit can be paid to cover a maximum four week notice period at the old property even if your dual liability exceeds that period.

Any notice period you must give on the old property must be genuine, you must have a legally enforceable liability to pay rent, which a court would recognise and enforce.

If the landlord of your old property re-lets the accommodation before any notice period ends the council will not pay overlapping Housing Benefit after the date the property is re-let.

Each application for overlapping benefit is decided on its own merits. Your friend will need to demonstrate that they have taken all reasonable steps to avoid taking on two liabilities at the same time. As such it is extremely unlikely that payment on two properties will be made where the same landlord owns both properties.

If the two properties are in two different council areas then it is the responsibility of the council area where your friend is moving to regards the overlap rather than the council area where she was.

salfordgirl

Thanks.

She has to accept the new place immediately or it will go to somebody else. But she still has to pay notice on the current property, even though they have said she needs to move (I don't know if official notice has been given or shes just been told its up for sale). Its all above board, with a legitimate tenancy agreement that she has to pay notice.

It's within the same council area, but different landlords.

The council have been less than understanding, and deny any overlapping benefit exists, is there any particular regulation I can point her to?

BigAunty

http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/reporting_family_and_income_changes/housing_benefit_for_two_homes

salfordgirl

Thanks BigAunty ive seen that and sent her the link.

Its just with the council being a bit awkward and denying there is an overlapping benefit I was looking for some kind of regulation that states it? I don't even know if such a regulation exists?

BigAunty

salfordgirl wrote: »

Thanks BigAunty ive seen that and sent her the link.

Its just with the council being a bit awkward and denying there is an overlapping benefit I was looking for some kind of regulation that states it? I don't even know if such a regulation exists?

Probably the info on Shelter should be sufficient to jog their memories or resolve their staff training gaps...You can also unearth this guidance on other council websites.

http://www.hounslow.gov.uk/index/advice_and_benefits/benefits/housing_benefit/housing_benefit_on2homes.htm

Some local councils even publish a claim form for it!

https://www.walthamforest.gov.uk/Pages/Services/Housing-benefit-current-claim.aspx?l1=100001&l2=200008

Info is also on the CAB website - contact them if the local council refuse to accept there is any such right to claim on 2 homes. Shelter will have info on how to appeal a local council decision.

http://www.adviceguide.org.uk/nireland/benefits_ni/benefits_help_if_on_a_low_income_ni/help_with_your_rent___housing_benefit_northern_ireland.htm#h_other_housing_benefit_restrictions
Send a PM to the poster called 'Housing Benefit Officer' - he works in a HB claims role.

See if you can uncover The HB Decision Makers guides as these are the staff manuals that instruct HB bods how to understand the complex HB regulations in plain english!