HB on two homes

lets say the old address is address A and the new address is address B

were they liable at address A after they left? ( usually theres a 4 week overlap on the houses, because the old landlords need the tenants to give notice on the flat, but the new landlords want the address to start asap)

If they were still liable for A, then the HB at that address can continue for a maximum of 4 weeks after they left to allow for the unavoidable liability -
kfor example, if the tenancy at adress b started on Monday 27 March,  then the customer might have given 4 weeks notice on Address b on 27 march to end their tenancy on Sunday 23 April.
They moved out of A (and into B ) on THursday 6 April
Hb at A can continue up until 23 April to allow for the notice period
HB at b will start Monday 10 April, leaving 2 weeks arrears at B

I think theres probably wiggle room to get the arrears art B days paid via HB - see the shelter guide here which confirms “adaptations” shouldnt be interpreted in a restrictive way and can include new carpets/ deep cleaning etc- and give links to the circulars/decisions

https://england.shelter.org.uk/professional_resources/legal/benefits/housing_benefit/housing_benefit_claims_before_moving_to_a_new_home

A DHP where HB is in payment is limited to the eligible rent, but there needs to be some HB in payment to kick it off
The LA at address A wont want to do a DHP for an address thats not in their area for rent arrears - but isf there is an overlapping liability then the old LA could do a DHP for the 10 days at the new address   because the combined eligible rent is used to work out HB on 2 homes- it just the eligible rent at address B isnt in their area. Ive done DHPs for a 2nd property in csimilar circumstances.

The LA at the new address wont want to do one as theres no HB in payment for that period at that address - gargett caselaw is clear that for arrears, the DHP has to match the weekly periods.

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Prisca - 28 April 2023 10:58 AM

lets say the old address is address A and the new address is address B

were they liable at address A after they left? ( usually theres a 4 week overlap on the houses, because the old landlords need the tenants to give notice on the flat, but the new landlords want the address to start asap)

If they were still liable for A, then the HB at that address can continue for a maximum of 4 weeks after they left to allow for the unavoidable liability -
kfor example, if the tenancy at adress b started on Monday 27 March,  then the customer might have given 4 weeks notice on Address b on 27 march to end their tenancy on Sunday 23 April.
They moved out of A (and into B ) on THursday 6 April
Hb at A can continue up until 23 April to allow for the notice period
HB at b will start Monday 10 April, leaving 2 weeks arrears at B

I think theres probably wiggle room to get the arrears art B days paid via HB - see the shelter guide here which confirms “adaptations” shouldnt be interpreted in a restrictive way and can include new carpets/ deep cleaning etc- and give links to the circulars/decisions

https://england.shelter.org.uk/professional_resources/legal/benefits/housing_benefit/housing_benefit_claims_before_moving_to_a_new_home

A DHP where HB is in payment is limited to the eligible rent, but there needs to be some HB in payment to kick it off
The LA at address A wont want to do a DHP for an address thats not in their area for rent arrears - but isf there is an overlapping liability then the old LA could do a DHP for the 10 days at the new address   because the combined eligible rent is used to work out HB on 2 homes- it just the eligible rent at address B isnt in their area. Ive done DHPs for a 2nd property in csimilar circumstances.

The LA at the new address wont want to do one as theres no HB in payment for that period at that address - gargett caselaw is clear that for arrears, the DHP has to match the weekly periods.

 

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Thank you both for your help. I am still trying to work out if there is anyway this couple can get help with the rent arrears for the first 10 days of their new tenancy. If so, is it the old HB office or the new HB that might help them?

There are no problems with the old tenancy. HB was paid up until the date they moved.

They need a DHP for the arrears for the new address, as their tenancy started 10 days before they moved in. The new HB office will only pay from the date they moved in.

Presumably, the old HB office won’t pay a DHP as they have already paid for the same period and the arrears are for a property outside their area.

Could the new HB office consider a DHP even when they haven’t paid HB for the period -  by using their discretion?

Thanks again

PS I don’t think there are grounds for HB on 2 homes, but if there were, should it be the old HB office - even though HB have already paid for the period, or the new HB office who say they can’t pay for the period as the couple hadn’t moved in.

you need to look at the date the tenancy ended on property A - if the tenancy end date was after they moved old, HB can continue to be paid for up to 4 weeks - if they have paid all the rent owed at that address, the additional HB relating to the notice period can be used to help clear the arrears at the new address.
If the notice period is paid

property B - theres no HB until they move in and that LA cannot do a DHP for the arrears - HB wasnt in payment at that address. The Gargett caselaw is very specific in that arrears can only be cover week by week shortfall between rent charged and HB paid.

A DHP is not automatic, its discretionary so not guaranteed
You can ask LA a for a DHP explaining they had 2 rent liabilities for a period but as they couldnt move in, there are 10 days arreras and as HB is payable at from that LA for those 10 days, that LA is responsible for any DHP relating to those 10 days.

HB on 2 homes in 2 different arrears is paid by both LA’s - the HB for the old address is paid up to and including the tenancy end date by LA 1 and the rent at property b starts the monday after they move in, paid by LA 2.