Succession and Housing Benefit late payement

Dear Colleagues I need an urgent help

The legal issue: The occupant applied for succession on 22/12/2008 and the court has

decided in his “favour” on 3/2/2014.

As far as I could see on housing benefit system he lodged the claim in April 2009 and there were some notes since.

I found this guidance from Law Society.

“Housing benefit was suspended but, if the right to succession is subsequently established, benefit will be payable from the date of the application ”

Its a huge case and there is outstanding amount on their rent account amounting £25.000

Does anyone out there has a case law or any advice that I could use to go ahead with this late claim and certainly I will notify you about the outcome.

Please give me a call on 0208 356 4579 Dina (Hackney Homes) I am not sure if I am allowed to provide my telephone number or would you please post your knowledge that will be appreciated by many.

I am looking forward to hearing from you and any assistance is highly appreciated.

Many thanks,
Dina

Hi…, In Succession cases although there is no “rent” payable because he is not the tenant there is an “occupation liability” usually termed “mesne profit”

This way the landlord can collect Income without creating a tenancy by accepting payment. Therefore your client should have been paying this since 12-12-2008

Did your client offer to pay and was the concept of mesne profit explained to him.
Did the landlord refuse to accept payment ? in which case he should not be demanding it now.

When he put in the Housing Benefit claim why was this not paid ?

As above he would have had the “occupation liability” and the landlord should have confirmed this to HB if they were asked.

The issue of backdating is a separate issue.

Just to add, mesne profits are usually payments of compensatory damages by a person in unlawful possession of land.  The simple fact of acceptance of payments by the owner of the land does not of itself confer the owner’s permission to the trespasser to remain on the land or signal a grant of lawful possession.  Mesne profits are typically payments made or lawfully due while the owner of the land is taking steps to remove the trespasser or fighting the trespasser’s claim for lawful possession.  Mesne profits attract entitlement to HB under reg 12(1)(c) of the HB Regs.

If, even while resisting a trespasser’s legal claim, the owner of the land gives the trespasser ready permission to remain and it could be argued that this ready acceptance takes the payments outside of mesne profits, then this will make no difference to entitlement to HB as this is available for “use and occupation” of the land under 12(1)(d).

If the claim was made in 2009 then I would suggest one of three things must have happened.

1) The claim was made but your client was found not to be entitled. If this was the case then you need to make a claim now but backdating is limited to 6 months from the date the Council gets the new claim. (Assuming Backdating is granted)

2) The claim was made in 2009 and never decided. In which case you should press the Council to decide that claim and make the appropriate payment. No new claim or backdating needed as the entitlement will start back in 2009.

3) The claim was made and decided as entitled in 2009,  but payments were immediately suspended (A somewhat dodgy practice but some LAs do use it) . In which case the Council should now release the payments. No new claim or backdating is required and all outstanding payments should be made.

Not specifically a caselaw issue, it is all covered clearly by the HB Regs or D&A Regs.

What you need to find out from the LA is which of those three things actually happened.

Dear colleagues

Thank you very much for your reply and its highly appreciated.

There is one more question. Does anyone know is the Regulation / Guidance / Work good

Practice that indicates where HB for MPA should be paid.

Our housing department requires for mesne profit accounts to be set up with the occupants

names on it. Please give me a call if you have an answer as its urgent to have HB paid ASAP.

Dina 0208 356 4579