1st timer. Help Client in receipt of PC Guarantee. Lives in sheltered accommodation. Left partner because of domestic violence. Had to stay in the guest room supplied by landlord for 19 nights until she was given a bedsit. Had to pay Anchor Housing charge £5 per night. HB refused as they say Guest room not brought into council tax valuation because it was included in with the complex and each flat. Guest room not seen as a being worth valuing as a separate property. Its main use is for visiying relatives who are sick. Guest room not on council list so they rfuse to pay housing benefit,

"Guest room not on council list so they rfuse to pay housing benefit, "

Utterly irrelevant.CH/4702/2003 may assist. What counts is whether or not the spare room (presumably en-suite?) constitutes a "dwelling" - but that doesn't depend on a CTAX listing.

My advice? Just appeal.

Agree with Kevin on the Council list point.

The problem you may face with an guest room arrangement is that the charged levied for staying the night might not fall into any of the catagories classed as "rent" under the HB regs.

My mother lives in accommodation with that landlord and the guest rooms are normally for families of residents staying for a few days or residents of another house with the same landlord going on holliday for a few days at another of the houses.

Interesting point, but in that case how does it come about that someone on B & B basis in a hotel or guest house can get HB? Can the charge there reasonably be described as rent (I would have thought not, speaking as a layman in these matters), or is it that there is a specific category in the regs.?

Wed 23-Dec-09 09:09 PM by Kevin D

Having stayed in the type of guest accommodation referred to, I'd be inclined to the view it is akin to staying in hotel / guest house accommodation. The charge is (usually) daily, and there is (usually) an en-suite bathroom. Some developments even provide a fridge and microwave in the room.

If it is akin to hotel accom etc, I see no reason why any charge for use and occupation would not be eligible for HB. The only issue is whether or not the "dwelling" is being occupied as a home by that person; but that's a judgement call on the facts of the case and an issue in all 2-homes cases where DV is the reason for (temporary) absence from the original home. The fact the same dwelling may be occupied at other times on a different basis by other people is, in my view, only relevant if there is a doubt about the status of the claimant in question.