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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have recently had an application for housing benefit turned

Customer Question

i have recently had an application for housing benefit turned down on the basis that they believe my claim to be fraudulent, this i assure you is not the case.

My parents own the property i have rented for approx 7 years. i have paid council tax on the property, have an AST agreement and have rent receipts. They claim that as i paid my rent in cash there is no evidence to suggest i have actually been paying rent. In their letter of rejection they basically accuse myself and my parents of trying to defraud the state. I would like to know if i have grounds to commence libel action against them for such a bold accusation despite having a legally binding AST agreement in place.

I have never had to claim before and have only had to apply as we recently had a baby and lost my partners income. I'm furious at there accusation and want to take action against them as i think there decision and accusation is a disgrace and totaly without foundation
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you appealed the decision please?

JACUSTOMER-vxm45jft- : Not yet, we were wondering the best course of action to take. They are asking for evidence but I have already sent them our Contract, rent receipts and bank statements. I'm not sure what other evidence I can provide
Alex Watts : You can appeal. But it's bad news I am afraid, case law is against you.
Alex Watts : Case law says that tenancies from relatives or friends can not be considered genuine as they are not at arms length.
Alex Watts : So it is nothing personal it is just what case law says.
Alex Watts : But appeal and see what a tribunal will say, but be prepared they may quote case law that is against you.
Alex Watts : I am sorry if this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-vxm45jft- : No that's fine I will appeal and see what happens. Thank you
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’. Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/