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Hi All
I have a client who had endured harrassment from her neighbours for nearly eighteen months and despite reporting it to her housing officer (she is a LA secure tenant) no action was taken. She eventually reached the end of her tether and gave notice. She made a homeless app, which was refused since La said there was no problems in block (view from her housing officer) an exchange was then agreed but after a few months it fell through since her exchange partner discovered the details of his future neighbours. Finally the LA has agreed to move her on a management transfer as a priority. They have fully investigated and agreed that she can't remain there.
However she has not occupied the property since last May and her HB stopped. A renewal claim was due at xmas but she didn't submit it- since HB had refused benefit on the basis that she had no intention to return to the property.
I want to try and submit an any time revision on the orignal decision to stop her HB, trying to argue that she still intended to return to the property but couldn't because of the fear of violence (that the LA has now acknowldeged)The LA hasn't begun possession proceedings or treated it as an abandoned property, she has remained in contact with her housing officer throughout (showing her committment to the property?!)but has not returned at all to the property and refuses to do so.
Any suggestions for poss relevant commsissioners decsions to cite, esp on what is an intention to returm and whether not completing the HB renewal in Dec has any impact.
Also is the anytime revsion so late (decsion made in Oct) is it worth while or if anyone thinks another approach might be more apppropriate?
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