Seeking Advice on Habitual Residence Legislation

by Readers Question

3 years ago

Seeking Advice on Habitual Residence Legislation

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Seeking Advice on Habitual Residence Legislation

My tenant came to this country aged 9 mths, his mother was German & his father a British serviceman, they then married in the UK. Habitual Residence Legislation

He is now approaching 29 years of age and has remained in the UK ever since undertaking all his schooling here plus a college course.

Due to him having a job for a week in November 2014 and then signing back onto J.S.A. he appears to have fallen foul of this amended regulation of 2014 and they now class him as an E.E.A. Worker. He passed his H.R.T. test and his housing benefit (single room rate) was suspended from 22/12/14.

I, as his landlord, was told by the council that all was OK and a backdated payment would be made 2/2/15.

Guess what, no payment, suspension still in place as I write.

I went with him to the Job Centre and we had a G.P.O.W. Assessment and he heard yesterday that this has been turned down so he is now not entitled to J.S.A. as well, no right to reside.

We have asked for a mandatory review of his case as I have read the H.R.L (106 PAGES) and there is a clear reference for him to have a RIGHT TO RESIDE in the UK as he has legally been in the country for 5 years.

This is a potential minefield for all landlords as there are specific references to British Citizens also returning to the UK. Unfortunately no local access to this issue must contact Chippenham every time. My tenant is fully aware of this post and we are both looking for any advice please.

Many thanks

Graham



Comments

Mark Alexander

3 years ago

Hi Graham

It seems that your question has stumped the best of us.

I have re-published your question and will add it to the Newsletter again tomorrow.
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Graham Durkin

3 years ago

Thankyou Mark for your comment ,legistlation came out in 1996 with major amendment in April 2014,(currently 106 pages) it covers 2 x parts . 1st the right to work and then claim benefits including HOUSING BENEFIT ,the 2nd part the Right to Reside permanantly in the UK. Due to the influx of E.U. CITIZENS and further afield it is a nightmare if they get a job then lose it as they class them as E.E.A WORKERS.It could also affect BRITS returning to the u.k. having lived abroad.My guy who has lived here all his life continuously 29 years bar the first 9mths has now been told he is not entitled to H/B, J.S.A. and now possibly the Right to Reside in the U.K.,BUT WE ARE APPEALING

Mark Alexander

3 years ago

Reply to the comment left by "Graham Durkin" at "22/03/2015 - 11:08":

Hi Graham

I think you may need to consult a barrister specialising in immigration to get this one resolved. Either that or reluctantly evict him if it becomes cost prohibitive 🙁

Nevertheless, we live in hope and I have slightly amended the title of this article and will place it at the top of our Newsletter tomorrow. Who knows, we may just have a member who has the specialist knowledge that you require, or may be able to put you in touch with somebody who does.
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Graham Durkin

3 years ago

Mark due to an indication from the council that rent would be paid in feb am already now to date 3 months adrift with rent ,feel i have to run with this one as to get him out could take 6 months .there is a section that we believe gives him the right to reside having lived here for 5 years legally ,but you have to deal with a main office (chippenham) and they wont see you 1 to 1 ,everything done initially by phone and they days just pass so quickly,lets hope somebody on the forum maybe affected like my tenant,but they are currently reviewing their original decision having been sent all necessary legal documents that they requested.

Mark Alexander

3 years ago

Reply to the comment left by "Graham Durkin" at "22/03/2015 - 13:33":

Hi Graham

If I were you I think I'd be serving a section 8 notice and commencing the eviction process sooner rather than later. You can always reverse your actions if the authorities reverse their decision but you cannot turn back time if they don't.
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Graham Durkin

3 years ago

Reply to the comment left by "Mark Alexander" at "22/03/2015 - 13:36":

Point taken Mark , wiil give my tenant the heads up on this but to be fair to him he fully realises that i am trying to assist as i believe he has a clear right to live in the u.k. and he would leave the property without the need to go to court or serving a notice .following this appeal there is a Tribunal Hearing at the next stage anyway and he is fully aware of what rent he owes and has already expressed that he would pay me if required but over a long period of time and i believe he will, should for some reason this not work out .many thanks

Mark Alexander

3 years ago

Reply to the comment left by "Graham Durkin" at "22/03/2015 - 15:48":

A section 8 notice may be used to apply more pressure on the authorities to sort this too 😉
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Graham Durkin

3 years ago

Reply to the comment left by "Mark Alexander" at "22/03/2015 - 16:01":

Mark, the council don,t really want to get involved,they take their lead from info supplied by D.W.P. just trying to ensure his H/B claim is still kept "live" while we work our way through the appeals process .

Frankie Brys

3 years ago

If his father is british, isn't your tenant british as well?

I only had a brief look at the legislation, but from what I gather, it only affects EEA nationals (and expats) who are COMING TO WORK in this country. Your tenant never "came to work" in this country, only happens to be nine months old when his parents decided to live in the UK.

I'm not a lawyer, but your tenants should never have been subjected to any HRT test to start with, let alone a GPOW assessment. Looks to me that someone ticked a wrong little box and your tenants' case spiralled out of control in a completely wrong direction. What you need is someone at the DWP who is willing to correct the little box that was wrongly ticked. The mandatory review you asked for should achieve that. Hope this helps.

Frankie

Graham Durkin

3 years ago

Reply to the comment left by "Frankie Brys" at "23/03/2015 - 11:27":

Frankie ,thankyou for your comment,due to him holding a German passport they are classing him as an E.E.A worker, as soon as he lost his job he fell foul of this amendment rule brought in 2014, although he was already here as far as they are concerned it now has to be decided whether he has a permanent right to reside as well,.we believe he has a right but trying to convince the regional D.W.P OFFICE is not easy . I can see this potentially being a BIG problem for landlords with Foreign tenants when they need to claim H/B after maybe losing their jobs .Iwill of course post when we get a decision regarding the mandatory review. many thanks

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