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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I am getting a custodial sentence and am due to be in prison

Customer Question

I am getting a custodial sentence and am due to be in prison for 9 months. My parent's have agreed to pay my rent for that time. Can a local authority take my flat off me if my rent 'is' being paid whilst I am in prison?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

If you are a serving prisoner for 9 months then you will not be able to claim housing benefit for that long. Housing benefit will cover custodial periods of up to 13 weeks. Remand periods are up to 52 weeks reflecting the fact that often people on remand are ultimately acquitted.

I cannot tell whether you are saying you will get 9 months to serve or 9 months in total. Obviously if its 9 months in total then you will be released at 4.5 months and may well be eligible for earlier release on tag.

Whether they will evict or not is another matter. Its one thing to refuse to pay and another to evict. If the rent is being paid then rent arrears will not build up. They may drop down up abandonment but then if the rent is being paid that gets hard to argue.

As a rule councils will not reclaim properties if rent is being paid but will not pay rent if people are not living in it.

Can I clarify anything for you?

Jo

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