Don't know why but having difficulty in sussing this one out. All help appreciated !

A tenant in a ground floor flat is offered a first floor flat which she enthusiastically wants to make her feel safer.

She signs up for it the week before tenancy due to start (01st october) then promptly jets off on holiday to America until beginning of December.

Whilst out of the country her family move all her stuff over to the new property in the week commencing 01st October and terminate her old tenancy.

She was on full HB at old address and she informed HB prior to leaving the country of the change of address.

Hb have stated will only pay from 03rd December as this is when she actually started to reside in new property.

Any offers ?

Cheers

she was occupying the property from the earlier date as her home to the exclusion of any other and was not occupying the other flat. isn't it similar to if e.g. she'd been in hospital during the move (there was a recent post on similar facts...).

she was occupying the property and liable for the rent....

Upon taking occupation (the stuff beoing moved in) she then had in Housing Law a tenancy and a rental liability. I hope this helps.

Regards

Brian.

R(H)9/05 is the one you want:
http://www.osscsc.gov.uk/aspx/view.aspx?id=1700
It will probably stretch to cover your client's situation.

Richard Atkinson

Many thanks for your prompt responses.

I have now emailed HB using this argument, here's hoping they see sense !

It would also be interesting to know when the same council has made her liable for council tax from on the new property. (Though I appreciate that the answer on this point may or may not help your case!)