Claiming HB with very old AST agreement - hitches likely?

[Jaybee in CF]

Hi all,

 

 

Will be claiming HB with a tenancy agreement dating back to 2011, it's a full 8 page Assured Shorthold Tenancy document, signed by myself, the landlord and witness. All above board and legit. A few questions though;

 

 

1) Would the JC likely question this, given how old the document is? I have claimed JSA before during my tenancy but didn't realise I was entitled to HB until now.

 

 

2) I would prefer they do not contact my Landlord (unless for a special investigation or some such) as he has previously expressed unwillingness to co-operate (that said he owns a flat above and THAT tenant had an AST he used to successfully claim HB - can I specify they do not contact him?

 

3) The rent has since risen but the contract still holds the 2011 amount, would I need to get a new contract in place to claim for the current amount?

 

 

 

 

Thanks,

 

JB

[sgtbush]

Found this

 

 

The law relating to backdating

 

If you are under pension credit age:

 

From the 5th of September 2016, the law allows a Housing Benefit claim to be backdated for a maximum period of ONE month before the date you make your request for backdating.

 

The ONE month limit also applies to men over pension credit age but less than aged 65 who are in receipt of Income Support, Job Seeker’s Allowance or Employment and Support Allowance (Income Related).

 

A backdated award of Housing Benefit can only be considered if you had ‘good cause’ for not claiming throughout that period.

 

 

What is meant by ‘good cause’?

 

‘Good cause’ can mean different things, but some examples are:

If you were waiting for a decision on another benefit

If you were ill before you claimed.

If you could not immediately claim after leaving hospital

If you were unable to manage your affairs

If you did not understand that you could claim – perhaps because of your age, language problems or some other reason

If you were caring for someone who was ill

If you were dealing with a bereavement

 

This is not a complete list. You should give us your own reasons why you did not claim earlier. It is important that we know all the relevant details before we make a decision.

 

We will look at the reasons for your delay and consider if you have shown ‘good cause’ for the whole of the period you did not claim.

 

We will then write to you and let you know if your Housing Benefit award can be backdated

 

 

I dont know that a valid reason is you didn't know.

But if you dont ask, you dont get

[Jaybee in CF]

No - you misread my post - I'm not backdating. I'm just asking if claiming using a tenancy agreement from 2011 would raise questions.

[tomtom256]

Yes, unless it states after x months or years it becomes a rolling tenancy as if it was just for a set period of say 12 months, it is now null and void.

[Jaybee in CF]

Yes, unless it states after x months or years it becomes a rolling tenancy as if it was just for a set period of say 12 months, it is now null and void.

 

 

 

It DOES state that the tenancy is rolling.

[tomtom256]

In that case it should be ok as there would be no need to issue a new AST. They may ask for proof of rental payments though.