We have a tenant who moved into the property on Wednesday 24th September. His rent liability started on Monday 22nd September.His application form was received by the LA in the first week of his tenancy.They have started his claim from the Wednesday and I am querying this because I think it should go from the Monday. Can someone tell me who is right?

If the tenancy started on the Monday why did he wait until Wednesday to move in?

The HB/CTB claim starts from the day that the claimant moves into the premises, or "takes possession". This does not mean that he physically has to move in and sleep there, but that he has moved a reasonably substantial amount of his possessions in.

Look at CH/2957/2004 - para 10 - which basically says in a longer way what we've said above ................

What happened to the ruling that said that if they move in within the first week of the tenancy that the first day of entitlement is the day their liability for rent begins?

This earlier thread may help....

www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=7163&mode=full

Thanks for the help

The regulation, in my view, doesn’t support the LAs’ (that Kevin refers to in his post in the highlighted thread) construction at all. The reg sandwiches the word ‘occupies’ with the words ‘liable’ and does no more than make it clear that occupation must take place in the same benefit week that the liability occurs, as opposed to the following week or any subsequent week. That’s why the reg says “…his eligible rent for the benefit week in which he becomes liable to make payments IN RESPECT OF A DWELLING which he occupies as his home …”

When read in conjunction with reg76(2) and reg 2(1) this makes more sense and is far less problematic.