Housing benefit and antisocial behaviour

The police can apply to the court for an order to close a premises. [1] Everyone living in a property that is subject to a closure order will have to find alternative accommodation. If a person affected by such an order is in receipt of housing benefit, it is unclear at the time of writing whether s/he will be able to receive benefit on two properties or whether s/he will receive no financial assistance with the costs of the alternative accommodation. In addition, a closure order can be extended for a period up to six months. It is again unclear how this will impact on the 13-week rule in relation to temporary absence. Guidance makes it clear that the courts should take financial vulnerability into account before granting a closure order, so advisers may be able to use the potential difficulties with paying for both the existing and any alternative accommodation as an argument against granting the order. [2]

For more information on closure orders, please see the section on antisocial behaviour.

If a landlord persistently fails to take action to manage the antisocial behaviour of her/his tenant, a rent income order can be issued suspending the rental income on the property.

In the first instance, a landlord who fails to take adequate action to manage a tenant's antisocial behaviour will be issued with an antisocial behaviour notice. If the landlord fails to comply with the notice, a rent income order will be issued.

As no rent will payable, the tenant will cease to be entitled to housing benefit. For more information, please see the section on antisocial behaviour notices.