Housing association / housing benefit urgent help

blondie85

hey guys I’m new to the site and in need of some help !

Dad is 79 and in receipt of housing benefit, attendance allowance, pension credit, state pension.

He’s had his property for over 20 years and around 2 years ago a malicious report was put in about Dad that he was subletting the property - this malicious report is believed to have been my younger brother who Dad allowed to stay with him in his property but later asked him to leave when he was causing trouble which resulted in brother being in supported living due to several issues

Following on from this a report was made against Dad so it didn’t take a genius to work this out.

The DWP went through Dads claim with a fine tooth comb and discovered that there was an element on his claim that wasn’t removed when he requested it to be removed. This generated an over payment of £3000 and he lost part of his housing benefit.

Whilst Dads claim was being investigated they suspended his rent payments and he ended up in arrears with the housing association.

We appealed this decision and eventually won.

Fast forward, the housing officer is on Dads back and keeps requesting to see him and be allowed entry into the property.

She contacted him in August last year when he was in his caravan and I spoke to her and advised her that he’s away and goes away to his caravan quite a lot given his age and also the fact that it’s easier for him since the caravan is all one level.

I have a caravan and my older brother does, too, and we all spend a lot of time over at the coast.

I spent 8 months working over there.

When the housing officer got in touch I got the impression that there was more to it than meets the eye …

She was asking where my older brother lives and I explained that he lives in his caravan and that when the caravans closes he will spend 6 weeks between my house and Dads.

This has obviously opened a can of worms because she’s back again now and has requested a tenancy audit which I’ve heard is completely different to an inspection.

She wants Dads photo ID which he doesn’t have. Bank statements, utility bills …

Dads family consists of just myself and my brother and grown up grandchildren ( 3 of them ) so the family is very very small and we all look out for one another no matter what because at the end of the day life is short and we need to cherish the family that we have left.

I think this housing officer believes that Dad is subletting his property too since whenever she’s called him he’s been at the caravan…

You can’t live in caravans and must have a registered address with a council tax bill to even buy one.

Dad has been worrying something chronic that this housing officer is looking to evict him or accuse him of something that isn’t happening and that he most certainly hasn’t done.

Yes he spends a lot of time in his caravan and yes brother does go to the property between visits to his caravan to ensure that all is ok but when the caravans are closed he spends the majority of the time at my house

my question here is what can Dad do about this ?

There’s no available properties in the area of the caravans to be able to move over there and plus, he finds it so much easier in a caravan than his house.

He’s getting old now and doesn’t need this worry

Is he doing anything wrong ? And what can be done about the housing association who are dropping subtle allegations during phone calls and in letters

If dad gives up his tenancy he will lose his caravan- the only thing he has to look forward to, because he won’t have a fixed address and it is against holiday park rules to not have a council tax bill. ( you can’t register for council tax on holiday parks )

He’s pushing 80 and doesn’t need this worry at his time of life!

He’s already had issues from the DWP and now this problem with his landlord who are quite evidently suggesting that he’s not the tenant living in his property.

All Dads got to rely on is myself and older Brother - what can we do please? he thinks he’s breaking the rules !

Thank you so much for reading

Kimmy87

Have you spoken to a local welfare rights organisation about this?

https://advicelocal.uk/welfare-benefits

Although I appreciate this is distressing for you all, the landlord does have a duty to investigate any suspicions of sub letting and or actions which would be a breach of tenancy.

You could also speak to a solicitor so Dad is fully aware of his rights, many offer a free 30min consultation.

blondie85

https://forum.scope.org.uk/discussion/comment/986086#Comment_986086

We haven’t spoken to anyone at the moment.

I think the main worry here is that Dad does spend a lot of time at his caravan - we all do..

The housing associations issue is either that he’s spending too much time away from the property or they believe he’s no longer the tenant and that someone else is.

This is not the case, the only people who go to the property are me and Brother and we spend equal amounts of time in our caravans, too, so how do we explain this ?
It’s Dads situation that’s most concerning and what’s going to happen if they take the property off his because he spends too much time in a holiday home.

That being said, a holiday home can’t be a main residence so I’m not sure they can evict him.

The three of us are panicking because we don’t know what to tell the housing officer as no matter how we word it I don’t think it will sound too great.

Kimmy87

Then I think getting further advice about Dad's rights, and the rules & regulations with his tenancy, would be a sensible next step.

blondie85

https://forum.scope.org.uk/discussion/comment/986090#Comment_986090

thank you so much for your advice.

Regarding the rules of the tenancy, I’m fairly certain there’s a 28 day rule, but the 28 day states that the property cannot be empty for that length of time which it isn’t, Brother goes over.
I think he’s probably going to end up losing the property but to evict a 79 year old man because he spends as much time as he’s able to in his holiday home, knowing that it cannot be a main residence, would an absurd at his time of life.

I don’t suppose you could kindly point me in the direction of an organisation that we can discuss this with can you? We can’t get though to the CAB and wouldn’t know where else to turn.

Once again, thank you so much!

Kimmy87

The link already provided should list anyone local, unless CAB are the only organisation in the area. You might have to be persistent trying to get through.

Shelter would be another option, or ringing round local solicitors to find someone offering the free 30 minute consultation.

https://england.shelter.org.uk/

Mary_Scope

Hi @blondie85 and a warm welcome to the community!

I see Kimmy has given some great advice and answered your question so I won't add anything else today but it's lovely to have you here on the community😀