If Bron Afon receive notification informing that there will be a Temporary Absence from the property, a TMI should be raised. The Community housing team must inform the contract holder to notify their insurers of the period of absence from their home.
When can we provide temporary absence permission?
Providing the reason and length of absence is reasonable and the contract holder has an intention to return home, permission can be provided. Any absence requested for longer than 3 months that is not due to imprisonment or residential accommodation should be discussed with the CHM.
Can anyone stay at a contract holder’s property whilst they are absent?
We cannot prevent the contract holder from allowing others to reside in their property unless the occupant’s behaviour breaches the conditions of their occupation contract. In this case, the contract holder should be contacted to arrange removal of the occupants as we could serve notice against the occupant should their behaviour continue.
In exceptional cases, we can apply for an injunction to remove any occupants or visitors legal right to enter their property.
Does imprisonment of a contract holder bring their occupation contract to an end?
A contract holder receiving a custodial sentence does not automatically end their occupation contract providing they are still able to adhere to all occupation contract conditions, including payment of rent and providing they have an intention to return to the property at the end of their sentence.
Contract holders can claim Housing Benefit for a period of up to 52 weeks when being held on remand or 13 weeks if they have been sentenced, however, if the length of the sentence exceeds 13 weeks Housing Benefit will stop immediately upon sentencing. If a contract holder has received housing benefit for 13 weeks or more whilst on remand, they will not be entitled to any further assistance if they are then sentenced.
What do I do upon notification that a contract holder is in prison?
- Submit a Section 115 application form to the CADRO in Gwent Police for details on the reason for and length of sentence.
- Contact the Housing Officer in the prison the contract holder is serving in to establish contract holders intentions with the occupation contract and expected release date
- Consider if the conviction falls under a breach of occupation contract and if so, whether it is reasonable to apply for possession of the property. (If possession application required, liaise with prison housing officer to serve notice and any subsequent relevant documents)
Does a contract holder entering residential care bring their occupation contract to an end?
Contract holders can reside in residential homes or hospital for prolonged periods of time and providing they have an intention to return to their property and continue to adhere to all occupation contract conditions including the payment of rent, they are able to keep their occupation contract.
What do I do upon notification that a contract holder has entered residential care?
You will need to establish the circumstances and identify if there is an intention to return home.
It is beneficial to make contact with:
- Social Services – If involved, they will be able to provide reasons for the contract holder’s absence, the likely length of the stay and whether there is an intention for the contract holder to return home. They can also help resolve any issues with the occupation contract such as rent payments/ benefit issues.
- Family/ Friends – Providing the contract holder provides permission, family and friends can provide updates on any changes to expected return date, developments with the contract holder’s health and can also help with any problems with the occupation contract.
- Housing Benefit/ Council Tax/ Universal Credit – They can advise on any changes to the contract holders entitlements. Usually a contract holder receiving benefits will entitled to rent assistance on both a nursing home and occupation contract rent for a set period of time, providing they intend to return back to their property.
If a contract holders’ move to a nursing home becomes permanent and the intention to return ceases, please refer to the ending of occupation contract process.