If tenant was evicted (social housing) mid week are HB entitled to end the HB claim midweek? HB claim liability ended at eviction but the landlord doesn't end the tenancy until the Sunday.

Thanks

OK, I have my head that works on now and understand that the crux of the matter appears to be Reg 80(c) of the HB Regs which is about liability to make payments in a week in which the tenant ceases to occupy the property.

So an evicted tenant is liable for the rent for the whole of that week BUT has clearly ceased to occupy the home.

HB have usually paid for that week but now appear to have changed their stance and are refusing benefit for that week.

Does anyone have any experience of arguing one way or the other.

TIA.

I'm assuming you mean HBR 80(3)(c), or (4)(c). Either way, I think it can be argued that, in your client's circumstances (and assuming "2-homes" is not at issue), the LA is wrong.

The occupancy / liability link only appears in HBR 80(3)(a) and only has effect at the START of occupancy / liability.

In my view, the END of liability and the END of occupancy are separate, unlinked, changes. In turn, occupancy is a "following Monday" change and, if there is liability, HB is payable up to the end of liability even if occupancy ends earlier in that same week.

This is out of my area of expertise but can you evict someone and legally hold them liable for rent after this? I would have thought that eviction by a landlord brought a tenancy to an end.

The tenancy will usually terminate on the date that the court fixes as that on which the landlord is entitled to re-enter in possession, which will usually coincide with the end of a tenancy period. The landlord cannot re-enter until the date fixed by the court. If the tenant leaves before that date then the landlord can still take proceedings to recover any outstanding rent up to the date that the tenancy was due to terminate.

If the tenant gives up the tenancy before the due date then he remains liable for rent for the statutory notice period or until the termination date, whichever is earlier.

There are situations where liability for rent ends before the end of a tenancy period, such as frustration, but they don’t seem to apply here.