I have been asked to help a tenant who wants to appeal a decision not to award him benefit on both homes because he did not move in to the new home for 3 weeks after the tenancy started. He is arguing that he made the decision not to move in straight away because a council customer service officer advised him that he would be eligible on both homes but failed to mention that he had to move in.The council argue that an assessment officer, who the tenant never spoke to, confirmed the rules on moving in. Is the onus on the council to prove what advice they gave, and if so, what are the relevant regs ?

Relevant reg: HBR 7(6)(e) - not to be confused with (6)(d)

HB could only be awarded on both homes if the delay in moving was due to necessary adaptations to the dwelling for disablement needs.

Based on the info given, your client's circumstances do not fall within those criteria. So, the LA is correct in not awarding HB on the new home until the Monday after s/he moved in.

After that, it seems to be a simple case of your client's word against that of the LA. Your client says he was wrongly advised; the LA say he was correctly advised.

If you can show your client was wrongly advised, you *may* have a case for a legitimate complaint along with an associated claim for compensation. Any compensation would be outside the HB scheme.

If the LA did in fact offer the correct advice and/or it was a simple breakdown in communication, it is difficult to see the Council offering any form of compensation.

Thanks for that.

The fact that one officer of the council gave wrong advice cannot possibly bind the Council to pay housing benefit is circumstances not permitted by law. But as already pointed out if he can prove that the wrong advice was given, and that he acted reasonably in relying on it, he might make out a case for compensation. But it looks like an uphill task. The general principle in English law is that he who alleges something must prove it, and there is no burden of proof on the Council in this case.

As well as looking at compensation might also be worth trying a discretionary housing payments application asking for 3 weeks rent on the new flat.