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