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Top Housing Benefit & Council Tax Benefit topic #7056

Subject: "Landlady won't sign HB form" First topic | Last topic
ali l
                              

Welfare Rights Officer, PHACE Scotland Glasgow
Member since
27th Oct 2004

Landlady won't sign HB form
Tue 26-Aug-08 10:52 AM

Hello

I have a client who is having problems with his HB form as the landlady won't sign his HB form, and has refused to do so for several years. She is now taking him to court to claim back unpaid rent of around £5000. He has paid her no rent at all during these years, and she hasn't asked for any until now.

My client has worked intermittently during this time and has only been claiming IS for the past 6 months or so. He has made some improvements to the flat but probably not five grand's worth.

Does anyone have anything to say about this? Does she have any grounds for chasing him for the rent when she refused to sign the form - I suppose there's an issue there about proving that she refused, although she is still refusing. Can she be compelled to sign it?

  

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Replies to this topic
RE: Landlady won't sign HB form, bensup, 26th Aug 2008, #1
RE: Landlady won't sign HB form, ali l, 26th Aug 2008, #2
      RE: Landlady won't sign HB form, jmembery, 26th Aug 2008, #3
           RE: Landlady won't sign HB form, Kevin D, 27th Aug 2008, #4
                RE: Landlady won't sign HB form, ali l, 27th Aug 2008, #5

bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

RE: Landlady won't sign HB form
Tue 26-Aug-08 11:10 AM

I'd suggest that talking to a housing solicitor would be a good idea in the 1st instance.

  

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ali l
                              

Welfare Rights Officer, PHACE Scotland Glasgow
Member since
27th Oct 2004

RE: Landlady won't sign HB form
Tue 26-Aug-08 11:21 AM

Crikey - you're quick off the mark! Thanks.

Forgot to say - he's already been through two solicitors. We're trying to get him an appointment at Shelter, but it was the issues of compulsion to sign the HB form that I was particularly interested in.

  

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jmembery
                              

Benefits Manager AVDC, Aylesbury Vale DC - Aylusbury bucks
Member since
01st Mar 2004

RE: Landlady won't sign HB form
Tue 26-Aug-08 12:03 PM

There is nothing in law to force the LL to sign an HB form. However, your client should have alternative evidence of rent liability that they could have used to make a claim for HB.

A LLs signature is not normally required for an HB claim, a claimant just has to provide sufficient evidence that they have a liability.

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: Landlady won't sign HB form
Wed 27-Aug-08 05:12 AM

To add to Jeff's post, a landlady is not party to a claim (distinguished from matters relating to direct payments). To my knowledge, there is no legal basis whatsoever through which a LA can insist on a signature by anyone other than the clmt.

  

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ali l
                              

Welfare Rights Officer, PHACE Scotland Glasgow
Member since
27th Oct 2004

RE: Landlady won't sign HB form
Wed 27-Aug-08 08:42 AM

Thanks for the replies - I've now passed it onto to Shelter in the hope that they can help him. I think the only way forward with this is to try and get the sum that the landlady is demanding reduced - the tenancy agreement that he had was a bed and breakfast type one, so I reckon she owes him a good few packets of cornflakes and about 500 pints of milk.

  

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Top Housing Benefit & Council Tax Benefit topic #7056First topic | Last topic