Housing Benefit and "dual rent" claim

[Slatted]

Just quick background....I was lucky enough to be allowed to move from a large three bedroom adapted flat to a small one bedroom bungalow with the same landlord/council....but I was only going to be shown one property and given the choice then and there (would only be able to refuse with "good reason")... so I did not know what it looked like inside of if it were suitable until the day and time I was required to sign up.

 

I had been waiting for them to find the property they wanted to offer for over six months but had no idea where it would have been situated or if it were to be a flat/maisonette or bungalow nor where in the County it was to be.

 

They showed me the property on a Friday and told me I was responsible for the rent from the following Monday but that I also was giving four weeks notice on my larger flat from then so would have to make a joint claim for Housing Benefits, therefore I filled in the "moving house" claim and gave it in personally....leaving the "moving date" blank.

 

I started to move small things into the property immediately but did not physically move the overnight/larger stuff for a couple of weeks...there was no heating, there were sub zero temperatures and snow and the gas meter had been capped off and was not restored until two weeks later.... and my rent on the existing property included communal heating whether I was there or not. I also had to find the funds for the cost of moving and get a van organised etc

 

I have been told dual rent can only be paid from when I "moved into" the new property and this is determined by when I first slept there overnight.... Therefore although I was having HB paid for the other flat I am in arrears for the new one, despite this being the same landlord and not being reasonable/practical to expect a complete move in two days!

 

I did dispute the decision and they have also reviewed and stuck to the same "you had not moved in and we cannot pay until you did" response....seems I am to go to a tribunal now

 

Is it worth me fighting or should I try and find a way to pay the arrears and just quit fighting?

 

Does anyone have any experience with HB rules? Can anyone direct me to case law etc ...it just seems unreasonable for me to be in arrears when I could not physically have avoided the rent to both properties wherever I slept and surely no one could move in two days (being a weekend) when they have not seen the property before the Friday could they?

 

Sorry for the long post....hope I have been clear enough.

 

Any questions are welcome.

[id6052]

overlapping hb is only payable from point you move into new address, unless the delay in moving was due to the property needed to be adapted for a disability

 

although I think your landlord is proper taking the **** by charging you for two properties, they should have looked to align your tenancies, you could ask your landlord to waive one of the liabilities, some RSLs will, but a lot won't

[jadeybags]

Nope,I had the same problem, was in a private rent, it was being sold, the council housed me after being on the list 6 yrs, but they don't give you any warning do they! I had to give a months notice to the private rent, & couldn't move into the new place straight away because there were no carpets at all, & glass all over the garden from where the council had taken out an all glass run down conservatory. They did end up giving me a week free rent because of that one, which was a bit of a help.

But was best for me to keep claiming rent for the private rent, & find the council rent myself as that was the cheaper one.

[stu007]

Hi there

 

When you say about your move for larger property to smaller was this for medical reasons?

 

Was the moveing form one property to another process fully explained to you i.e. Rent, affects on benefit and possible issues, time limit to move from one property to another, why you could not view the property except on day of signing for property.

 

Why were you not allowed to view the property before the day of actually signing for the property?

 

1. What pre inspection was carried out of the property? (ask the housing in writing for a copy of the Pre-Inspection Report)

2. Ask for a copy of the Allocations Policy.

3. Ask for a copy of the Transfers Policy.

4. Ask for a copy of the Customer Standards.

[Slatted]

Hi

 

I was moving to smaller accommodation because I had previously lived with a disabled person and I no longer justified the large place. It was in both our interests to move me smaller.

 

I was not allowed to view before signing and although I knew that I would not see it or know about it until I was required to decide on the spot, I did not expect the signing to be a Friday and liability to be from the Monday, they had previously told me I would get a week free but they changed their mind for some reason at the last minute.

 

The way their allocations...choice based lettings....work is the same for anyone with regard to viewing and signing. The only difference I had was that they told me where they would send me but I had no real warning...though because it was Christmas I had been told there was probably a place in that area coming free early in the new year...the area is many miles from where I lived.

 

I think the pre-inspection report would not be an issue as the reasons I could not move immediately are firstly the practicality of moving in over a weekend when you did not know the address to get quotes etc. secondly..the fact that it was sub zero inside and out and they had capped the gas meter for safety. I would like to see anyone achieve a move in two days when even the address was not fully known until the Friday afternoon!...I think organising everything in the two weeks I managed was pretty darn good.

 

It seems silly to have such an issue over a small amount of rent and I am sure the cost of going to tribunal is greater but for me, I have no money and am in debt due to the move....I just thought that there was some common sense that might prevail.

 

They had always told me that I would qualify for dual rent and just needed to get the forms done asap (in fact I wasted the Monday getting the form done and waiting for hours to hand it in at the Council office) and did not explain that I had to physically move in and sleep there rather than just move some of my things. It is harsh that they would rather I slept on a concrete floor in minus temperatures to get rent that I had no way of avoiding.

 

Oh well. I will probably let the Tribunal take place, after all I have nothing to lose....and have more time to save up.

Edited July 7, 2013 by Slatted
clarity