Temporary accommodation or not?

Hi All

Would appreciate thoughts.

Client is under Temporary Accommodation team in a different borough. However, her tenancy agreement sets out that it’s an ‘assured shorthold tenancy under Housing Act 1988 and tenancy begins on X date for a week and then weekly until brought to an end’. The tenancy agreement is between her and a ‘social housing provider, managing homes on behalf of the council’, and her overall case is also being managed by them (i.e. potential offer of permanent accommodation etc).

She is claiming UC for the property, and being hit by the benefit cap because it’s not currently understood as TA. When we enquired, we were told that the property she is in: is a property that [social housing provider] has bought and use as Temporary Accommodation and therefore the tenancy type is different, for these handful of properties clients are expected to claim UC to cover the housing costs. Most of their properties are private landlord and therefore covered by HB as normal Temp.

The rent arrears she is in are managed by the TA team in this social housing provider. How do we unpick whether there’s an argument that she could be claiming HB instead? We have not specifically seen the letters which cited the homelessness decision to put her into the accommodation.

Any help welcomed!

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