I have a client who has received a demand for one weeks rent on her current property relating to a period in August 2004 when she transferred from one Housing Association property to another with the same Association. There was a one week tenancy overlap and the council has told her that she cannot have a benefit overlap for an internal transfer. She has been on full HB/CTB for some years.

Can anyone tell me if this is correct? Thank you

Would it not be easier for the housing association to refund the amount in this instance if the tenant had vacated?

2 Issues- I think that the claimant can appeal, because benefit can be paid on the old home for a period of up to four weeks if the move is unavoidable- and if the association insist on a notice period then it is unavoidable, the test being on the claimant not the landlord.

But also I think that she should complain first to the association and, if no refund is given to the Independent Housing Ombudsman. Copy the complaint to the nearest office of the Housing Corporation. This is bad practice by the landlord and should be discouraged.

Agree with the above plus check whether it is legally possible for a tenant to have two separate tenancies at the same time with the same landlord (i.e. check the tenancy agreement or housing law). Seem to remember when I worked for a HA that there was some kind of legal obstacle here which meant it was not possible to hold 2 separate tenancies simultaneously and so no internal overlap could arise (though I may have dreamt this or that might just have applied to that HA).