missing tennat, council still paying

[halfax]

i have a tennat who as gone misiing , i have informed police , council still paying is housing benefit. and he as only just signed a 12 months agreement.
if they keep paying, should i keep the money until , or if he returns ?

[tom999]

This would depend on whether tenant:
(a) has fled property permamently, and does not intend to return.
(b) is planning to return after a temporary 'holiday'.

Have you tried contacting tenant's friends, family, relatives, neighbours?

If you are receiving direct HB/LHA payments, then inform council (as they may clawback HB/LHA from LL, if they knew tenant has left property) - they will suspend the claim, until/if he returns.

If (a) and you wish to end tenancy, serve appropriate notices, e.g. s.8, s.21, abandonment.

[halfax]

first, thanks for reply.
the person as gone missing as in missing person. he is old , and as a touch of memory loss. he has been in the house over 20 years, and it is the first time it as happened. he as been gone over 4 weeks ,so the police have stopped looking for him and placed him on the missing persons list.
i have managed to stop his carers , but no one else will talk to me as i am not his next of kin ( ie, pension, etc..) and even the police could not trace a relative.

[tom999]

In this case, you are still legally obliged to inform council that the tenant has left.

If he's been missing for more than 4 weeks and the Police have stopped looking, unfortunately, the reality is there will be less chance of him returning as times goes on.
Other places you could check are homeless shelters/hostels, hospitals.

If you wish to wait until or if he returns, that is your choice, but you cannot receive payments on his behalf (if you are, council will claw it back from you - see post #2) while he is not living at the property.

[jeffrey]

However, T is still liable for rent until the fixed term expires (even if T has absconded).

[Michael Clayton]

Firstly, I hope the gentleman turns-up safe and well.

It is possible to receive payments of benefit during such a period but I cannot give a categorical answer given the situation as presented.

The relevant provisions are contained in Regulation 7 of the Housing Benefit Regulations (2006). As there is a degree of uncertainty, I have attempted to cover the various scenarios:

If he has absconded, the maximum permitted Housing Benefit period is for up to four weeks. (Regulation 7(6)(d) or 7(7) - depending on the circumstances)

If he is temporarily absent, he will be treated under Regulation 7(11-18). The reason(s) for absence will determine the period for which benefit might be available. This is up to a maximum of thirteen or fifty-two weeks.

[halfax]

first, thanks to everyone for taking time to reply.
it is a tricky one for me,from a money side i cannot afford not to get the rent. from the other side, if he turns up i want him to have a home to comebck to.