NOT INTENDING TO RETURN

Don’t see why not. Don’t have reference materials to hand as am not currently in the office but the regs allow for someone who isn’t actually the tenant to recieve HB if they affectively have to make payments in order to remain in the dwelling. But you’re right- she can’t recieve HB if she had no intention of returning.

I agree with 1964 above. Provided rent is due in exchange for a right to occupy the property, Housing Benefit is an option. If she’s moved out and has no intention to return, there’s nothing to be done on that score, I think.

chances of a backdate for grandson as he wasn’t aware that grandmother wasn’t returning?(family relationships)

He was carer and receiving CA for looking after her…

I broadly agree, but maybe you could look again at the circumstances to see whether the intention not to return is a real settled intention.

The lady might not be in any fit state to make a crucial decision like this at the moment.  An example of a situation where there was no such settled intention was considered by the Court of Appeal in the housing law context (Hammersmith and Fulham LBC v Clarke and Clarke 20 Nov 2000)

If the tenant has left and the grandson was not on the tenancy….

If this is a a mesne profit case and the landlord is willing to accept paymants from the grandson,on a mesne profit basis then he the grandson can go ahead and claim.

If the landlord has already accepted some payments from the grandson, arguably a new tenancy, betwen the landlord and grandson has been created, and he can try and claim HB.

If the landlord is now seeking possession and is refusing payment from the grandson…the grandson clearly cant claim HB…..(in my opinion)