Housing benefit paid benefit for a number of years but it has suddenly been cancelled, back to the date of the original claim, on the grounds that the claimants are not liable etc., as the lease is in a company name. HB have agreed not to recover overpayment. The company belongs to one of the claimants - income from the company is low and they are over retirement age. They took the tenancy on in the company name, as they needed the flat for health reasons and it was the only way they could be given the tenancy. Home is not used for business and company has a different address. Unlikely that tenancy could be changed to claimants’ name and if it was, there would still be a gap when no benefit paid. Any advice on claiming housing benefit would be appreciated

Fri 13-Feb-09 03:34 PM by stainsby

What is there to stop the company effectively sub letting to the claimant?

Dont forget that an agreement to pay rent need not necesarily be in writing

Alternatively, under Reg 8(1)(c) a person is held to be liable to make payments if he is:

" a person who has to make the payments if he is to continue to live in the home because the person liable to make them is not doing so and either–
(i) he was formerly a partner of the person who is so liable; or
(ii) he is some other person whom it is reasonable to treat as liable to make the payments;"

The person who is primarily liable make the payments is the company and the company is not doing so, but your client has to make those payments in order to continue to live in the home, and it is also reasonable to treat him as laible to make the payments.

There was no reason to stop the HB in the circumstances, and what is more, the Council may well have no grounds to revise its decision if it was well aware that the lease was in the name of the comapny, and its just a matter of another assessor taking a different view.

An appeal needs to be lodged immediately

Does the lease permit subletting?

I like the Reg 8(1)c argument, a lot.

I haven't had time to check its relevance, but R(H) 05/05 (CH/3013/2003) *may* be worth a look. Amongst other things, it involved a company to person let etc.

www.administrativeappeals.tribunals.gov.uk/aspx/view.aspx?id=1453

Thank you all very much for this advice and help - really appreciated