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Hi,

 

I am helping a friend sort out a problem he has with his council.

 

He left his wife and started a new relationship a few years ago.

 

This didn't work out and moved back in a separate room.

 

For the last 6 years he has hardly been able to work but has not claimed any benefits etc.

 

The council have looked over their housing benefit claim and are saying that he can't be a lodger as the he had been in a previous relationship with his ex-wife.

 

They had put that he was living there and ticked that they wasn't related.

 

I have looked at the tenants handbook and on the net and cannot see that there is any guide lines for what is and what isn't a lodger.

 

Any advice would be appreciated.

 

JJ

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IMO a leasehold T could accept a lodger,if permitted by AST, but expect Council to investigate 'contrived tenancy' due to earlier relstionship

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As far as I understand, you should appeal in writing within one month, and you may need to be persistent. I believe that ultimately it should be possible to appeal to an independent tribunal, but your local council may be reluctant to explain (or follow) the procedure.

 

A family member had his claim declined for spurious reasons based on an incorrect assumption made about his situation. The council (Torbay) would not back down. The decision was appealed, and the council simply ignored the appeal. They also told lies, made promises that they didn't keep, fished for information and deliberately misinterpreted many things they were told...

 

So good luck...:|

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As far as I understand, you should appeal in writing within one month, and you may need to be persistent. I believe that ultimately it should be possible to appeal to an independent tribunal, but your local council may be reluctant to explain (or follow) the procedure.

 

A family member had his claim declined for spurious reasons based on an incorrect assumption made about his situation. The council (Torbay) would not back down. The decision was appealed, and the council simply ignored the appeal. They also told lies, made promises that they didn't keep, fished for information and deliberately misinterpreted many things they were told...

 

So good luck...:|

 

Hi, thanks for all your posts.

 

This seems exactly what the council has done with my friend.

The council are saying that he cannot be a lodger as it is their procedure but haven't shown them any proof.

It does seem they make the rules up as they go along.

 

JJ

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they are allowed by law to reach conclusions that have no proof and rely upon the person proving otherwise. Basically you have to prove you are innocent rather than them prove you are guilty.

Likewise they can claim that you have an income of £100k per year and it is for you to show true income. As it is impossible to prove a negative they will always do as they wish.

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