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Forum Home  →  Discussion  →  Housing costs  →  Thread

HB and occupying a property

stevemac
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Horsham CAB, West Sussex

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Total Posts: 117

Joined: 24 April 2012

Hi all
SPC age couple ( in receipt of PGC then and now), signed up for a HA property wef 2/7/2018. At time of signing, Mrs was living temporarilly with her daughter, Mr was in hospital ( in the IOW)

Before going to live with daughter ( whose home is close to the new HA flat they have), clients lived in rented property on the IOW, when they left this property their furniture went into storage until they secured new home

Did not move into   HA property on 2/7/18 as Mrs needed help from her family to get furniture etc out of IOW storage and to new home ( and of course Mr still in hospital ) which was done over a number of trips
Mrs also thought the new home was not habitable due to the state of “the carpets” which she had to have deep cleaned

Mrs handed in claim to HB office on 3/7/18 , chased progress of this 2 weeks later -was advised she would not be eligible for HB if she was not physically occupying so she spent her first night there on the 18/7/18 and when HB finally awarded   payment made from 23/7/18

Upshot - Mrs now owes HA rent from 2/7 - 22/7/18
As clients had no home of their own as such, can they argue that they had “moved in” to their new flat   from the date they   had moved in some of their furniture etc?

Have applied for a DHP to clear rent arrears, just wondering if they have any additional legal aguments to assist

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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There is this case about furniture but it is pretty old and I don’t know whether it is still good law

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stevemac
forum member

Horsham CAB, West Sussex

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Total Posts: 117

Joined: 24 April 2012

Thanks BC