arrears due to being prison inmate

tenant was sent to prison for 4 months but had a 5 year re call sitting, his prison Social worker advised him in writing not to give up his tenancy.
Now has arrears of £1900.00. this is preventing him from being re housed.(being used as an excuse)

Can he appeal saying that he was given wrong information in writing and as a result his arrears increased.

You will need to provide more info.

Most councils have “policies” on eligibility for their lists and transfers. The legal background to this are the duties under the 1996 Housing Act partvi ammended by the Homelessness Act 2002.

Most Housing Asociations will have their own policy (not under the above legislation) although it might be the case they transfer according to a joint agreement with the LA….in which case see above.

I suspect that your clients arrears mean that a move is being stopped as s/he has fallen foul of a LA or Housing Association policy and I am afraid this is not just “a excuse”

THe housing provider is in effect saying that as your client owes arrears he will be denied a move or access to a list.

THe starting point is to find out the type of accommodation and tenancy your client has/had and if this was/is a council, housing association, or private landlord…..etc….

Thanks Martin
My argument is more with The SWD as they wrongly advised the applicant.
Had they advised him to give up his tenancy his arrears would not have accrued.

I was hoping to get the arrears written off as the tenant was given wrong advice re his previous tenancy.

Good luck with that one….

Check out if the LA did have a scheme whereby your client could relinquish in prison and be offered a new tenancy on release.

If you are not sucessful…..

Request to see if your Authority have an “Exception to Policy”

Ask what your client needs to do.

Point out you dont want your client to become homeless, and the costs of that on the Authority.

Offers of small regular repayments can be sucessful.

Err thats it.

Or you could write to the LA with a copy of the written advice asking for an ex-gratia payment to be made to the landlord and if that is refused make a formal complaint up the line about the poor advice given and the impact it has had on your client.

It may well be that they will pay to avoid the bad publicity or that whoever has the final say on the complaint (is it still the Ombudsman?) would make an award.

Unfortunately it all takes time but would hopefully eventually lead to your client being in the position he would have been in if he’d surrendered the tenancy when he could / should have - or at least when he sought and was given the advice.

Would it be possible to bring a profesional negligence claim against the social worker?

You would first have to establish that the social worker had a duty of care with regard to the matter in hand.