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HB evidence to support claim [ lack of ]

Diogenes
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My client has an increase in his ground rent for his mobile home, the landlord just stuffed a letter through my client’s letter box to ‘the occupier’ telling him his rent has increased. both my client and I have written and phoned the landlord asking for a detailed letter as demanded by the HB office of the Local council, the landlord has not provided the letter and will clearly never do so, he come up with excuses and is a very disagreeable character. The HB office have now formally refused to pay the increased HB without this detailed letter signed by the landlord. Can i appeal on the grounds that the evidence is not available to my client ???
my client has already started to pay the increased rent !!!

Paul_Treloar_AgeUK
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We cover this in our Park homes factsheet.

From section 5:

Implied terms are rights inserted into all agreements by law, which cannot be excluded or waived by the site owner. They are the minimum rights park homeowners have and apply even if not included in a written statement, or where a written statement has not been provided.

the procedure for reviewing the pitch fee – the pitch fee can only be reviewed annually and changed with your agreement or if the Tribunal makes an order. There is a presumption that it will only increase or decrease in line with the Retail Price Index (in England) or Consumer Price Index (in Wales). Changes on other grounds, for example, site improvements, must meet specified criteria set out in the implied terms.

See also section 11 for how to take matters forward with the sire owner as well as some links to official government guidance.

Diogenes
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Thanks Paul, this site owner is I fear not someone who is ever going to respond to us, i have spoken to him and sent him pre typed letters he only needs to sign and return , i even put a stamp on the return envelope,]  he will not reply now or ever. In the meantime can i challenge the HB decision to get my client his increased HB

Elliot Kent
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I think that you are trying to turn a housing question into a benefits one. The real question is what rent is your client actually liable to pay? HB cannot and should not exceed that amount. The issue about the Council request for evidence is just incidental to that.

In a typical residential tenancy, your landlord cannot just stick a note through your door and say your rent has gone up. They would either need to reach an agreement with you as to the new rent or else activate a rent review clause or use the statutory procedure for a rent increase. If the landlord didn’t do any of that, the tenant would be entitled to say “well I’m not paying it”. That would then mean that HB wouldn’t be due towards the ‘increase’.

As far as I can tell, including from Paul’s factsheet, the position is not greatly different in a mobile home. The landlord needs to follow a procedure in order to increase the rent and if they don’t follow it, then the ‘increase’ isn’t an increase at all and HB can’t and shouldn’t pay it. The landlord wouldn’t be able to sue on it and it is just an irrelevant piece of paper.

Paul_Treloar_AgeUK
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Playing devil’s advocate, it appears the site owner may not have made an increase that is legal and as such, why would the HB department agree to this? To be treated as being liable for rental payments, your agreement must be legally enforceable - on the face of it, this may not be true.

The reason the site owner isn’t engaging may well be because they know what they’re doing is perhaps somewhat dodgy?

eta: what Elliot said basically.

Diogenes
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thanks Elliot and Paul, You may be right about the tenancy issue, my cl is scared not to pay as they fear they may be evicted, the landlord is a dodgy person, i have spoken with him and he makes constant excused not to put the increase in a formal letter, as I say he is never going to respond in a reasonable way, maybe the only option is to advise my cl to refuse to pay the increase until the landlord puts everything in writing in a proper manner.
It’s not easy dealing with a landlord who takes no account of the rules and treats his tenants this way, the landlord is from the travelling community and is often hard to track down, either travelling or working on construction sites in Scotland !!!

Elliot Kent
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Diogenes - 21 February 2022 12:57 PM

thanks Elliot and Paul, You may be right about the tenancy issue, my cl is scared not to pay as they fear they may be evicted, the landlord is a dodgy person, i have spoken with him and he makes constant excused not to put the increase in a formal letter, as I say he is never going to respond in a reasonable way, maybe the only option is to advise my cl to refuse to pay the increase until the landlord puts everything in writing in a proper manner.
It’s not easy dealing with a landlord who takes no account of the rules and treats his tenants this way, the landlord is from the travelling community and is often hard to track down, either travelling or working on construction sites in Scotland !!!

Yes but meeting arbitrary demands for payment from ‘dodgy’ people isn’t the function of housing benefit.

Diogenes
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that said , if it is not an illegal increase and the landlord still won’t provide evidence for the JB office would an appeal be in order as per my original question ???

Elliot Kent
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Your appeal would need to be founded on an established legal liability.

If what the landlord has done so far is sufficient to create a binding rent increase, then HB should have been increased and your client should appeal if it has not been.,

If what the landlord has done so far is not sufficient to create a binding rent increase, then HB should not increase and your client shouldn’t be paying the higher rent.

Paul_Treloar_AgeUK
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What the site owner has done is not lawful, there is no question about that.

Pitch fees
You have to pay a pitch fee to the site owner to rent the land your park home sits on.

The site owner can propose changing the pitch fee once a year. They must give you 28 days’ notice in writing, and use a standard form called the Pitch fee review form. This form explains the process and your rights.

If you and the site owner can’t agree on a new fee, the site owner can apply to a tribunal. Until the tribunal reaches a decision, you should continue to pay your current fee.

Also note:

Your rights improved on 26 May 2013
It was already illegal for site owners to:

* evict you without a court order
* harass you into giving up your home
* prevent you from exercising your rights – for example, your right to sell your home

If you believe that an illegal activity has taken place, contact your local council.

It can prosecute people for offences under the Caravan Sites Act 1968, which may result in large fines or even prison.

Park homes: know your rights

I can completely understand why your client is worried about being evicted but that is probably more unlawful than sticking a piece of paper through their door saying the pitch fees have gone up. As the local authority are also the people who are supposed to enforce the rules around park home sites, maybe ask the HB department for who they suggest your client can talk to in order to try and resolve the situation?

Diogenes
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Update on this HB case. appeal heard last week and allowed, Tribunal agreed my client had done all he could to get the evidence of rent increased without success, Tribunal decision is that LA are to pay increased HB for the mobile home.

Paul_Treloar_AgeUK
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Blimey, well done/

Diogenes
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see the very interesting discretionary council tax award appeal outcome against the same LA , reported on here today