Hi there

Does anyone have a copy of CH396/2002 ?
We have a case of a homeowner who sold his house due to debts and is now renting the same house from a letting agency. Guidance and this decision say they can receive HB if they can show that they were forced to do this due to the debts. Has anyone else dealt with a similar case?
Any help/suggestions appreciated.

ta

In fact, there are several CDs which look at the issue of "compulsion" in the context of HBR 9(1)(h). These include:

CH/3853/2001 (www.osscsc.gov.uk)
CH/3616/2003 (www.osscsc.gov.uk)
CH/2552/2004
CH/4041/2005
CH/0859/2006

CH/0396/2002 is also available from www.osscsc.gov.uk .

If time permits, I will forward the other three CDs to Rightsnet.

In summary, the basic theme is the same. To engage the exception in HBR 9(1)(h), a clmt must show that the compulsion to relinquish ownership (to continue to occupy the property) was a legal compulsion, or a practical compulsion. A moral obligation will not normally be enough in or of itself.

Regards

thanks to kevin ... here's the other 3 cds ...

• CH/2552/2004
  
• CH/4041/2005
  
• CH/0859/2006