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Top Housing Benefit & Council Tax Benefit topic #8934

Subject: "Two homes - crime scene" First topic | Last topic
Lostdog
                              

Rents Team, Framework Housing Association, Nottingham
Member since
19th Jul 2005

Two homes - crime scene
Fri 22-Jan-10 01:00 PM

Hi all

Claimant has a current HB claim in their own tenancy. This address has been made a crime scene (due to a murder). Therefore claimant has moved into temp accommodation.

Is there any way HB can be paid on both homes? I don't think two homes rule applies in this case. Another thought - are the police obliged to pay rent on the original address whilst it is a crime scene?

Thanks

  

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Replies to this topic
RE: Two homes - crime scene, nevip, 22nd Jan 2010, #1
RE: Two homes - crime scene, Lostdog, 22nd Jan 2010, #2

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Two homes - crime scene
Fri 22-Jan-10 01:59 PM

Fri 22-Jan-10 02:00 PM by nevip

If there is no express provision in a lease to deal with frustration then If a tenancy is frustrated because the tenant cannot have substantial use of the dwelling because of an 'act of God' or something the landlord does, then, in effect, the lease is at an end and no rent is due under it.

I can't imagine the police being anywhere near responsible to pay the rent. He might have a cause of action against the person convicted of the murder if he suffers a detriment but that is not my area and he would need to seek specialist legal advice on that one.

  

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Lostdog
                              

Rents Team, Framework Housing Association, Nottingham
Member since
19th Jul 2005

RE: Two homes - crime scene
Fri 22-Jan-10 03:14 PM

Many thanks for the response nevip. I had a thought that maybe a crime scene could somehow be linked to fleeing violence, but it would be quite a stretch!!
It looks like the answer is in tenancy law rather than benefit regs.
Cheers

  

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Top Housing Benefit & Council Tax Benefit topic #8934First topic | Last topic