Client was in private rented, then offered housing association property. Gave notice to private agent and took up housing association tenancy. Obviously there is overlap in HB claims of a month due to period of notice in private rented. However she didn't move into new housing assoc flat during notice period, as they gave her a grant for a decoration, so she stayed put and decorated the new place. She then moved in to new place at the end of her notice period in private rented. CPAG p203 says HB payable on two homes if claimant moved to new one, are there any grounds/arguments for a review of HB in my client's circumstances, as she couldn't reasonably avoid either taking up the new tenancy or being liable for the old one? Any help or advice would be welcome.

If the clmt did not occupy the new home during the overlap period, HB can only be paid on 2-homes if the delay in moving was necessary in order to meet the disablement needs of the clmt or a member of the family. General repairs and decoration would not count.

Based on the info given in your post, my view is that overlapping HB is not payable - HBR 5(5)(e) applies. There are a few CDs tht confirm this.

Regards

It's not the overlapping benefit you are stuck with, it is the benefit on the new property. Reg 5(1) is very clear that benefit cannot commence until the tenant has actually moved in. This is one of the most basic rules of HB and LA's do not really have discretion over it. The nearest exception would be where adaptations to the dwelling had to be made. No one will accept that decorating is an adaptation or an acceptable reason for not moving in.

Hi Derek,

Seems we don't quite agree on this one... .

I think my response was correct, as was the reference to the relevant regulation <HBR 5(5)(e)>. The original post made a clear reference to an overlap. If there had not been an overlap, then HBR 5(6) would have been applicable - it still wouldn't have assisted in this case, but there would have been more options available.

If you think I've misunderstood, feel free to respond.

Regards

Thanks for your prompt replies. I'd thought as much but just wanted to check it out. Good job i'm a money adviser too, as client will start tenancy with a debt....!

Hi there Kevin,

No I think we are both right. Your analysis of the regs is faultless as usual.

The point I was making is that if the new dwelling was not occupied until after the expiry of the notice period then there was in reality no overlapping benefit.

There was overlapping rent liability of course. But in my way of thinking overlapping benefit cannot be considered until the new (dwelling) benefit has commenced.

It's a problem I deal with on a daily basis. Tenants moving into accomodation frquently misunderstand that overlapping benefit cannot commence until they have moved into the new property. They treat notice period and the word overlapping as being a period of "grace" where they are allowed to have use of both properties at once.

My advice in this case would (before new tenancy sign-up)have to be that either a claim for overlapping benefit could be made after moving in (at tenancy start) or the rent would have to be met by tenant in ful if they wished to delay move-in until after decoration.