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England

How to challenge refusal of housing benefit

Expert Advice consultancy case study

Our expert advice line helped challenge a decision where a housing benefit claimant was served notice to quit their tenancy as they were was unable to return home due to health problems, and their housing benefit claim was immediately stopped, even though they were still liable for rent.

The case study

The expert advice line was contacted about a single person who was in hospital due to ongoing mental health issues.

The client had an assured shorthold tenancy with a private landlord. After the landlord learned the tenant would not be able to return home for the foreseeable future, they served notice to quit the tenancy.

After notifying the local authority, the client was informed that their housing benefit claim would cease immediately. The client was still liable for rent during the notice period.

The advice

The NHAS adviser explained the rules relating to housing benefit entitlement and when a claimant can be treated as occupying their home during a temporary absence.

NHAS explained the rules on when a claimant can be treated as occupying their home when they have moved out and remain liable to make rent payments (such as during the notice period to end a tenancy).

Regulations allow housing benefit to be payable for up to four weeks in some circumstances if the liability on the former home could not reasonably have been avoided.

NHAS explained how to challenge local authority decisions in respect of housing benefit entitlement.

The outcome

The local authority reversed their original decision to deny the client housing benefit and council tax support. The client was paid housing benefit up to the end of their tenancy and no longer owed the landlord any money.

Our free Expert Advice Service gives specialist advice on housing, housing debt, and welfare benefit issues. 

In this section, we highlight relevant enquiries about benefits, possession, domestic violence and other issues.