Tenant now in prison and friend looking after property and cats?

Tenant now in prison and friend looking after property and cats?

16:52 PM, 28th September 2016, About 8 years ago 13

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I rent a small studio to a chap that I have discovered is in prison. He was obviously expecting it (apparently breached a restraining order with his ex) and has left a friend living in the flat, to look after it, including all his belongings and 2 cats, until he gets released.cats

The housing benefit has ceased.

What are the feelings with regards concluding the matter?

Many thanks

Rob


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Colin McNulty

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18:30 PM, 24th October 2016, About 8 years ago

If you want to speak to him to get him to sign a tenancy surrender, if you don't know what prison he's in, there is a Find a Prisoner gov't service, but I found it took several months. The best bet is to ask the current occupier, or family, or just phone the local prisons and ask.

I've found the Resettlement Team in the prisons quite helpful as they're responsible for trying to find the prisoner accommodation when they leave. Call them and ask them when the prisoner is due to be released. Note this is NOT the same as his sentence, as it's standard for tenants to serve only half their term. E.g. a 6 months sentence = out in 3 months, less time served on remand.

That 6 to 3 months less remand is a crucial time as you are entitled to continue to receive Housing Benefit for temporary absences of 13 weeks or less. So typically a 6 month sentence means you should just be under the 13 weeks by a few days.

It may take some convincing the Housing Benefits team mind (I've no idea about Universal Credit here) but the rules state that HB only stops when you expect the tenant to be absent for 13+ weeks. So as long as his expected release date is within that, you're sorted.

However if you do wish to evict him, I'm unsure as to the legal status of the current guest.

Robert Rivers

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20:04 PM, 24th October 2016, About 8 years ago

Thanks for that Colin, extremely helpful.

Colin McNulty

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6:46 AM, 25th October 2016, About 8 years ago

Reply to the comment left by "Robert Rivers" at "24/10/2016 - 20:04":

No worries Robert, I had to go though all this last year for the first time.

What should happen is the prisoner has a meeting with their assigned Resettlement Officer within a week of starting their sentence. The Resettlement Officer should then write to the council (or I assume UC now) informing them that one of their housing benefit tenants is in prison and what his expected release date is.

In practice I've found there's some big black hole between the prison and the council offices that sucks up mail, as I've had the council tell me they never received mail the prison swears they sent, and the prison tell me they never received mail the council swears it sent.

In the end I had to go up to the council's Benefits Area Manager before I could get the council to ask the right question: "What is the prisoner's expected release date?" instead of "How long is his sentence?" which is the wrong question as I explained previously.

I confess I couldn't find where in the LHA Guidance Manual this 13 week rule was explained (section 8.010 details a "13-week Protection" but doesn't specifically mention absences due to prison sentences), however Shelter's website does give detailed guidance:

> “You can receive housing benefit for up to 13 weeks if you are sentenced to prison... It is the time you are likely to be in prison that matters not the length of your sentence.” See here:

http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/what_is_housing_benefit/housing_benefit_for_prisoners_and_their_families

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