I have a client who has had his Housing Benefit and Council Tax Benefit stopped on the grounds that he had a lot of capital. The Local Authority believes that he own a house, but it isn’t his, it is a family member with the same name as him. According to the Land Registry it is my client – or his family member with the same name – who owns the property.

I am appealing the decision as he has no interest in the property. But the Local Authority has provided a statement from an estate agent which described my client as the person who came into their office requesting information about listing the property.

My client claims that he was just getting information on behalf of his family member and reiterated that he was not the owner.

I am struggling to see how I could argue the decision seen as the Land Registry only provides a name – no address other than the property in question.

I know going to an estate agent doesn’t show that you have an interest in the property, but so far, the evidence seems stacked against the client – oh and the owner is now unavailable so I can’t get any statements or anything from him.

Any suggestions welcome.

Thanks.

Presumably your client gave you the address of this family member so that you could show the LA that he at least exists by reference to an electoral roll?

Is/was the family member liable for Council Tax on the property? If so the LA could compare writing and/or signatures from your client's claim form and the family members CTAX correspondence.

Can you not get from the Land Registry details of the ownership of the property, which will show the address of the registered proprietor? It may then be a lot easier to prove that this was not an address at which your client has ever lived.

that's available for about £4 online...

Hi,

Thanks for the suggestions.

I've got a copy of the Land Registry details, but all it states is the client's name - which is also his family member's name - and the address of the property in question, it doesn't provide an alternative address for where the owner lives.

Signature comparisons could be possible as they are clearly very different.

Thanks again.

your client will have to contact his family member for a statement, and a copy of the family member's passport to show identity (and thus prove same name), and presumably your client has correspondence going to him at his own address, and not the family member's property.

try getting details of the mortgage and who is paying it