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Forum Home  →  Discussion  →  Housing costs  →  Thread

Protected tenancy and HB award

Paul_Treloar_AgeUK
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Client been protected tenant for 46 years and the home was recently sold. They were notified by new landlord of rent arrears but was subsequently notified by HB department that HB award had been suspended due to change of landlord.

Client contacted new landlord regarding the suspension of HB award and they sent a new assured shorthold tenancy for 2 years.

I have advised client they have become a protected tenant under new landlord and is under no obligation to accept the new tenancy.

Just checking because I’m concerned we’re missing something here, the change of landlord and the purported change in tenancy type have no bearing on existing HB award, this isn’t a relevant change of circumstances as she remains under a liability to make payments to live in the property. Do you agree?

Paul_Treloar_AgeUK
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Or to put it another way, we should simply be asking the LA to lift any suspension made because of doubts about whether the conditions for liability continue to exist? They remain liable to pay rent to live there, but there’s a dispute on-going about the legal basis of the tenancy concerned.

Elliot Kent
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The property is purchased subject to the tenancy. As you say, even if we were going to assume for some reason they aren’t protected tenants anymore then they are still entitled to HB.

Paul_Treloar_AgeUK
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Thanks Elliot, so the tenancy is unaffected by house sale and change of landlord.

We’re bit concerned due to suspension being non-appealable decision and if there are problems resolving the tenancy issue, the LA could continue to refuse to reinstate HB award, which in turn could lead (and indeed has already caused) rent arrears to build up which then provide grounds for eviction.

Elliot Kent
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Paul_Treloar_AgeUK - 22 July 2020 02:11 PM

We’re bit concerned due to suspension being non-appealable decision and if there are problems resolving the tenancy issue, the LA could continue to refuse to reinstate HB award, which in turn could lead (and indeed has already caused) rent arrears to build up which then provide grounds for eviction.

Well quite - its as per the usual process with HB suspensions. Ring up someone sensible if you can or otherwise make lots of noise and complaints until they fix it.

You have more time than you normally would as the three month notice period still applies even if it were an AST.

Paul_Treloar_AgeUK
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Yes, there is some breathing space here, thanks again for your response Elliot.