HB claim closed due to not moving in to new property straight away

We have a tenant who moved in 3 days after her tenancy start date (she had difficult personal circumstances and stayed with a friend for those 3 days). She notified the Local Authority of her change of address for her HB claim a week later. Two months later the LA made a decision on the change of circumstances and closed her claim. Their reasoning was that she was not occupying either property for those 3 days so her HB had to end and advised her to claim UC. The tenant asked for a review but the LA confirmed their decision by saying, “Although your rent liability was continuous from one address to another, your occupancy was not continuous”. I thought this should have been a straightforward change of address and if the LA felt there was a gap in entitlement for those 3 days they could have dealt with it as a closed period supersession? I have appealed the decision with that argument – am I correct or have I missed something? Also, it has been three and half months since the appeal letter was submitted – what period of time is reasonable for an LA to respond and can you appeal directly to the Tribunal if they are taking too long?

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