The Difference Between DSS Tenants on Housing Benefit (HB) And DSS Tenants On Local Housing Allowance (LHA)
This article was written on 16 Sep 2008

What’s the difference between Housing Benefit (HB) and Local Housing Allowance (LHA)?
Basically, a tenant receiving financial aid from the council is either on Housing Benefits (HB) or Local Housing Allowance (LHA). The difference can be somewhat crucial for a landlord.
Local Housing Allowance (LHA)
LHA was introduced in April, 2007. It’s is a new way of calculating Housing Benefit (HB) and is based on the area the customer lives, number of occupiers in the property and household size. LHA is a much fairer way of calculating HB, as it ensures that tenants in similar circumstances in the same area receive the same amount of financial support for their housing costs.
Housing Benefit (HB)
So, if LHA is the new way of calculating HB… Yes, you guessed it. HB is the original predecessor. HB is very similar to LHA in the sense that If you’re on a low income and need financial help to pay all or part of your rent, you may be able to get Housing Benefit. However, unlike LHA, HB doesn’t take into account all the variables, so someone living next door to you, in the same position as you, maybe receiving more benefits. So it’s not as fair or as well calculated, hence why it’s been replaced by LHA.
Not everyone has switched over from HB to LHA as yet. If a tenant is already on HB, they will not be affected by LHA unless they change address and move into accommodation rented from a private landlord- that’s when they will be moved onto LHA.
Eventually, HB will be completely abolished, and those landlords taking on new DSS tenants will get LHA tenants, not HB tenants.
How is this relevant?
It’s relevant because the main difference between HB tenants and LHA tenants for a Landlord will be the loss of security. Yes, that’s right. Let me explain…
A few days ago I wrote an article about The Positives Of DSS Tenants, and one of the points was that landlords get paid directly. But apparently that’s not ALWAYS the case anymore…
Those on HB can choose to have their Housing Benefit paid:
- directly to your landlord
- to you by cheque
- by Direct Payment into your bank or building society account
But as I mentioned, HB are past their expiry date, so only landlords that have been holding DSS tenants from before 2007 April have tenants on HB.
Those on LHA will normally have their benefits sent straight into their account (if they have one) or by cheque. Payment is not normally made to the landlord. It is up to the Tenant to pay the rent to the landlord.
If the tenant is worried about managing their money, they can ask their local council if they can help. In some cases they may be able to pay their benefit directly to the landlord.
The conclusion
Did you happen to spot the significant difference between the two?
Landlords with DSS tenants on HB have the luxurious option of having payments being sent directly to them, while the new LHA scheme requires the benefits to be sent directly to the DSS tenant.
BOOM, there goes the landlord’s security, and one out of the two pitiful positives of taking on DSS tenants (other positive being that they’re free).
Apparently the new arrangement is meant to encourage tenants to become independent and manage their own money. I’m pretty sure that a large portion of people on social benefits are on benefits because they are BAD at handling money. So why take the risk? If they want to practice the art of being responsible with money, the council should buy each DSS tenant a game of Monopoly. That way they can practice with fake money and not fuck with real peoples lives!!
DSS tenants are already hard enough to house because of their bad rep; now they’ll be even harder to house due to the loss of security for landlords. It would be interesting to see data on this- how many Landlords have evicted DSS tenants since April 2007 compared to the previous years? I’m assuming the line graph shoots up like an erection…
I know it says that under special circumstances the council will pay directly into the landlord’s account if the LHA tenant is worried about managing their money, but the word on the street is that arranging that is extremely difficult, and rarely happens.
What a pile of crap.
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Talk / 57 Comments
Thanks for sharing that. Seriously, you are an ideal tenant. And I don't just mean that in a "DSS kind of way", i mean in general. I strive to get tenants like you, but it's almost impossible. Like you said, it's a game of chance, which also applies to me when I'm finding tenants.
I genuinely believe I'm a good landlord; I fix everything asap, and I get all the safety checks dealt with, even if i'm dealing with a bottom-of-the-barrel tenants. I'd love to offer that kind of service to decent tenants.
I agree, you've been dealt a harsh hand, and it's extremely unforunate that other people on DSS and the Government have made it even tougher for you.
I remember a time when landlords were more welcoming towards DSS tenants, but with the new policy in place, it's just scared a lot of people away.
I sincerely wish you and your child the best of luck.
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Think I will need it in the current climate!! Got a property to rent in Luton? LOL and no jokes about Luton please, we all have our crosses to bear.
H
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perhap you won't be resorting to right-wing stereotypes ("chavscum"), even under the flimsy cover of "irony", or this hypocritical "i care about" tenants, which really reads as, and always has as "i only care about their cash".
yup, deffinitely time for a make-over for you. perhaps find you'll an unemployed media type from c4 to help out now that "location, location, location" sounds like a feintly distasteful phrase of a bygone era of shameless spiviness.
d***star
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Being a business person, I would have thought you landlords would have capitalised on the moment...CREDIT CRUNCH!!! JOB LAYOFFS!!! equals...good people claiming benefit...for you guys I guess it means...empty property - no rental income = CREDIT CRUNCH
Or consider DSS tenants and you could beat the CREDIT CRUNCH...
I appreciate that the government has altered the payment method and taken that security you had with rent being paid directly. Are you seriously saying that, that worries you that much not to consider good solid professional people who through no fault of their own find themselves in a position of having to claim benefits? Surely there are ways around this...insurance? additional clause in the tenancy agreement? Ever done problem solving exercises?
Either way having seen the amount of empty apartments/houses in Manchester and watching property programmes where Buy to Let investors are going bust themselves due to drop in house values or the builders have gone bust, I do think Landlords need to assess their market reach and look at ways to include DSS tenants or atleast consider them.
In essence can you afford not to or is the game of monopoly for you?
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I appreciate what you've said, and I do sympathize with your situation.
However, you need to appreciate the business sense that is required of a landlord, and not just a shop keeper trying to sell products off a shelf. In that case, the first punter walking to the counter with cash is an ideal customer.
When a Landlord is looking for tenants, it shouldn't be about filling the occupancy as quickly as possible with just anyone. I've done that before, and it's cost me. It should be about picking the "right" tenant.
Unfortunately, a lot of scummy DSS tenants has ruined it for genuine DSS tenants that are trying to sort themselves out. And it's not just the DSS tenants, the actual DSS system is pretty unappealing and useless.
Picking tenants is about a game of odds. If you get a working professional trying to get tenancy and someone on DSS, who would you go for? The odds are the working professional will make a lot more of a comforting tenant. I'm not saying that will always be the case, but the odds are on the professional's side. It makes good sense to back the odds, even if that means waiting for the right person to come along, right?
Unless you've actually been a landlord and dealt with DSS tenants, it's extremely difficult to appreciate the potential downfalls.
In this current climate, renting is in demand by all sorts of people, not just those being affected by the credit crunch. In general, a lot more people would prefer to rent than before because it appears to be the safer option. So it's not like Landlords are struggling to fill the spaces! In this kind of climate, I don't blame landlords for being picky and refusing DSS tenants.
The buy-to-let investors that are struggling are typically those that purchased property with 100%+ mortgages. With that kind of investment- what did they expect? I didn't believe in a ever rising market, so i always purchased with at least a 25% deposit, and only have repayment mortgages.
With a 75k job, how the hell did you become bankrupt and how did you lose your home? Seems odd. Someone earning that much should have a lot of equity and savings.
Once you get that 50k job, I imagine no landlord will refuse you.
For the record, I've had a few DSS tenants, some good, some bad. I still have two longterm DSS tenants.
Good luck, and I hope things work out.
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In answer to your question. I left my former employer to set up my own business, a publishing and media company.
Within four days of trading I received letters stating that my former employer was getting an injunction against me and my company for breach of contract.
My legal representatives at the time said that my contract was too broad to be enforceable and that they would not get an injunction. Sadly they got it wrong and whats more I was left with a bill totaling £30K payable within 28 days.
My former employer then approached me to settle out of court so that a trial which would cost thousands would not need to take place. Again I was advised by legal representatives that it would be a good option. Again that advice proved to be wrong as in hindsight my contract was not enforceable and the Tomlin Order I signed was the wrong thing as it only strengthened the defence for my former employer as the contract was then no longer in play.
Following the agreement I began to trade but again, another attack occurred. This one I took to trial.
The whole experience over eight months has left me with a bill of in excess of £200K, £130K in costs awarded to my former employer.
This I can not pay and hence my former employer is winding my company up and has issued a Statutory Demand against me which will lend to a Bankruptcy Petition and then an Order.
Essentially I learnt the hard way that if you do not know the legal system and if you do not have good legal representation - you lose.
However, I do wonder as most of my friends do. Why would a company sink hundreds of thousands of pounds into wrecking someones life knowing full well they would get nothing back? Bearing in mind in four months time all restrictions are lifted?
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I decided against my better judgment and gave my property to rent to a LHA claimant. Council gave him the money which i had to chase each week. In the end the guy did a runner owing me a months rent. Later i find out he has a girlfreind who is claiming LHA aswell for my property with the fella regitered as the landlord!! How stupid are the council. They were paying for his rent and also paying him for his g/f staying there! jokers
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Your ex boss sounds like a complete dick :)
Genuinely hope you get back on your feet.
@Peed off landlord:
I've NEVER heard of anything like that. That is so messed up. Sounds like it's EASY to scam the system.
I had a LHA tenant that was commiting benefit fraud, and she was refusing to pay rent. I reported the problem, and they didn't do anything about it. Absolute joke. I had never been so frustrated in my life.
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The HB assessor should've cross checked Council Tax records prior to setting up the assessment not to mention other 'live' claims at this property. There seems to be a high level of incompetence on the part of the local authority here (or even fraud, who knows?). Based on the info you've given I suspect this should be one of the easier cases of HB fraud to prove. Still leaves you out of pocket though.
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Everything you've mentioned, I have also experienced. It's extremely frustrating.
It's not the actual DSS tenants that cause problems (a lot of the times) but it's the actual council which make it extremely difficult for Landlords.
The council aren't allowed to release ANY personal information, hence why you're struggling to get vital information out of them.
For those reasons, I've just given up on DSS tenants. I'd rather have an empty property for a month, while looking for a working professional, as opposed to buckling under pressure and house a DSS tenant. Until the council make it "safer" for landlords to house DSS tenants, I can't imagine I'll change my mind.
On a side note, here's a news story that was released last week about how a lot of landlords have lost rent since they started paying benefits directly to the tenants:
Landlords lose rent
Kind regards,
The Landlord.
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My last DSS tenant absconded when I sent the baliffs in - leaving me 5K out of pocket(after serving S21 notice for non payment of rent and court posession order)
However, when I have been paid directly the council has at some point tried to claim 'overpayments' because the the tenant was fund to be working and claiming at the same time. In one case the sum 'overpayed' was considerable. Naturally the DSS disappeared when asked to repay this sum.
No easy solution to this, hence the reason I suspect why most landlords would avoid DSS and LHA.
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Believe me I know you can get some f***ed up so called private tenants as well!
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It's wrong to view me as a liability, I am neither a drug taker, alcholic nor criminally minded dole whaller and yet I am dismissed as such by some because I am unemployed. I may not be in work but I do have my self respect and good name and am worthy of being considered for any property that I am able to afford, whether in work or not!
Just wish I could find one-and soon!
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I always meet perspective tenants before hand. But that’s a pretty weak method of passing judgement; anyone can "act" like a decent human for 10mins in order to pass the primarily character test.
You don’t actually know if someone is going to be a good tenant until they're your tenant. That's the problem.
It's not actually an assumption. There have been several news articles showing the stats on how landlords have fallen into arrears since tenants have been recieving rent directly because they're simply not paying rent.
Kind regards
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I am a residential landlord who specifically acquired low cost housing to accomodate DSS tenants. This was a decision I made because of the securit od receiving HB from the council. I have repaid overpayments, paid my mortgage payments on time, made te repairs promptly-I even had the gardens cleared and relawned for tenants.
However now 6 years on I am on the verge of bankruptcy entirely because an increasing number of the tenants have pocketed the rent for themselves.
It started out small at first, and because I was careful I had the funds to repay the mortgage without receiving rent.
Even if it changed and went back to the old way it is too late for me, my mortgage arrears are enormous and I have had four of my houses repossessed entirely because of this.
Should I ever get back on my feet again I will NEVER again rent my houses to anyone on DSS.
Anyone who condemns the comments is failing to understand that private landlords do not run a charity nor do they have unlimited funds. I was once told to my face by one of these tenants that she wasn't born with a silver spoon in her mouth like me! She couldn't have been further from the truth, but people like that aren't interested in the truth, just in justifying their theft.
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Really feel for you.
TB
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Thanks for your words. It seems to have become a trend I know a few landlords who have been caught out by the same thing.
The real danger is that there is an element of people who know that they can make money out of it and they move on from one landlord to another.
The local council actually told me there was noting they could do as the tean
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All in all, it is a hard lesson well learned.
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thanks for reading my moan xx oh any body got a 4 bedroom in a nice area in sandwell west mids !!!!! xx
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If the benefit scum actually got of their arses (I dont mean those who have lost their jobs but those who make a profession out of scamming the government) or the government actually grew a pair of bollocks and stopped their payments so they had to get a job we would not need to have the Polish et al overhere.
But no - good old Blighty will continue it's spiral decline and people will continue to blame the Polish/Romanians etc because they are the easy ones to blame.
If the houase is causing your wife to become Ill then the Landlord by law is required to do something about it. Contact your local council housing officer and complain.
TB
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My advice is to get yourself familiar with the benefit system and not rely on your tenant to dictate what's going on. You need to ensure the tenant signs the authority to discuss. This will ensure you can find out from the council when the claim is assessed and when the four weekly HB payments are due to your tenant. Sounds simple, but be prepared to take your tenant to the council should problems arise. Vet prospective tenants and don't rely on an estate agent etc to find you a tenant.
From my experience DWP tenants are easy to come by. Important questions to ask prospective tenants are: a)why do they want to move from their current property? b) where do they currently live? c) how long have they been claiming HB? d) do they own a Staffy? Cheers now.
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I am a retired lady - yes, on LHA - and I moved down to London in February this year, to be closer to my son. Not knowing too much about London areas, I ended up in Dagenham. Not knocking the place, you understand, but did not realise that east Londoners only know how to shout, not talk in an ordinary voice! My neighbours & their children are deafening! The three households who are my neighbours have 6 childern between them, all under the age of eight. Summer holidays were a nightmare for me, from 9am to 9pm every day. I love my house & my garden but I need to move on! These are things that one does not consider when moving into a new home.
However, after that rant :-) I just wanted to comment about the LHA system. When I moved here just under a year ago, the LHA covered my rent. However, with the drop in rental prices recently, I will now be obliged to find £50.00 a month to cover the total rent to my landlord! And it is likely to drop more, as far as I can see. I can sustain this for a short time, but not indefinitely, which is another reason I have to move on. I cannot expect my landlord (who is an extremely good one, by the way) to lower his rent because of this! I wonder how many private tenants will find themselves in the same situation? I emailed the VOA asking if they had ever considered this when they drew up the LHA system, but of course have received no reply.
I am a very good tenant - it may be someone else's house, but it is my home - and my last landlord in Coventry almost cried when I left; I had been in his house for almost 9 years.
So....swings & roundabouts; landlords have their problems but so do the people who rent from them.
Anyone have a nice garden flat in south London that caters for an aging lady & small dog? Hehe!
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Has anyone come across such companies before, seems like they are capitalising on the risks around rent/lha collections/payments from tenants and in the process making some chunky margins?
I have decided that I will approach the local council ( Brent) and try my luck and see if I can secure some tenants but obviously will be doing some rigorous checks to try to get a decent tenant. Wish me LUCK, I am going to need it. Tks for the hints Paul.
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Don't forget that there are 3 different BRMAs for Brent - it will depend on where your property is.
https://lha-direct.voa.gov.uk/Secure/LHARateSearch.aspx?SearchType=LA
I expect you know this but I just thought I'd point it out.
I found a very nice flat recently in southwest London, which was jusy what I was looking for. I discovered the delineation line between two BRMA areas ran down the middle of the street - and this flat was on the wrong side! There was £40 per week difference in what LHA would pay a tenant!!
It's a minefield out there!
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right i have just recently moved back in with my mother at the age of 20 as my girlfriend kicked me out cause we split up due to her own faults. But anyway we stayed in a council flat and it was in her name, now with all the housing proplems and stuff if i went and got my housing number to make bids for council houses i have been told i could be waiting up to 5 years before i get offered anything at all.
Now i really want to have my own house again as it done me alot of good you know and moving back in with the parents has kinda just hit me back to square 1 again so i was thinking about going private on DSS. Only problem is i dont know who i sould contact about Applying for DSS and how to go about it and what to expect to be asked and what i sould ask.
Any help would be very helpful,
thank you
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I think its terrible now days that lanlords want at least 2months up front even if your on dss or to be honest landlords wont give you the time and day unless your in full employment.. If they stop and think about it a little more they will actually benifit more from dss tentents because they be guranteed their money.... What gives them the right to shove us to one side and snot their noses to us after all we all pay our tax one way or another .....
I am a mother of 6 depending children and very low income
the system sucks x
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Just passing by and thought Id share how I feel, Now I can fully understand how landlords would be hesitant to take on tenants claiming LHA. Up until last year I was living with my now ex partner and two young children in a rented house, Things didnt turn out so well so I was forced to leave with my two young children in tow, I have never claimed benefit in my life as my partner always had a good job and provided for us. I had to wait 5 weeks to get any sort of housing benefit! Luckily for me my friends landlord took me on knowing i could only afford to pay a £100 deposit until my money came through, It isnt the greatest of places but Ive made it my own and looked after it and ALWAYS paid my rent. I am so grateful to him for taking that risk and giving me a chance, So now I am looking to move to somewhere a bit more ideal for my kids and Im faced with the fact that nobody wants to accept DSS and Im in the process of applying for college. I suppose all Im trying to say is people come from all walks of life and often find themselves in situations they never intended to be in so therefore I dont like to tar everyone with the same brush. Like I said I do understand where private landlords are coming from but thank god my one took a chance on me :)
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It takes from 8 weeks and sometimes up to 20 weeks for a claim to go through the system.
I have actually gone with a prospective tenants to local council interviews, signed up so that the council have to talk about the cases with the landlord. I have been refused direct payment until their clients arrears are above 8 weeks, I have issued section 8 notices, I have dragged them kicking and screaming through the PCOL process, I have got CCJ's regsistered against them, I have had enforcement orders flouted, properties trashed and still I like them for one simple reason.
I always get a guarantor, that is working and owns their own property.
I then watch the stress and anguish of the guarantor as I wreak havoc on their personal finances as the tenant that they have "Guaranteed" goes beserk and completely fucks up their lives.
Their is NOTHING and I mean NOTHING better than a guarantor.
They will arrange their own evictions and methods when you get a LHA claiming smack head damaging your property.
It takes a while for the penny to drop with them, but when that County Court claim from Nothampton hits their doormat, it usually has an amazing effect.
You suddenly get your property back and a bucketfull of owed rent also.
Your troublesome tenants develop black eyes and broken noses and sort of get the message.
I stopped taking security deposits 2 years ago, I just take guarantors, it slows rent collections down with troublesome tenants, but you know all the time that the Council can be side lined by attacking the guarantor, who has promised in writing that the tenant will meet all their obligations and should they fail to do so, the guarantor has to.
The moral is "Get a guarantor", the bigger and uglier they are the better.
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You don't sound like a very pleasant person, if I may say so.
"I then watch the stress and anguish of the guarantor as I wreak havoc on their personal finances as the tenant that they have "Guaranteed" goes beserk and completely fucks up their lives."
You say this with so much glee that I think you get off on messing up people's lives. :-(
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I take no glee from wreaking havoc, but thanks to various ridiculous laws such as data protection etc, landlords have no knowledge of prior mis-deeds of tenants that apply who are on benefits.
For those tenants that do not have a guarantor, oh my God! - a landlord stands no chance of recouping anything like the losses made on such individuals.
I should know, last year my business had to write off over £12,000 of rent arrears.
That means that I still have properties still waiting for boiler upgrades and double glazing etc.
Professional landlords are in it for the long term, they re-invest their profits and increase the number of properties.
The majority of LHA tenants are okay, but just one bad one can wipe out a years worth of profit.
For example alcoholics who the council have shielded, who store urine in MacDonalds cups in the airing cupboards, so called "ex" drug offenders who abuse both mine and the councils trust by starting a cannabis factory in the property.
I have photographic evidence of all this and it doesn't stop there.
Properties trashed by "guests" of LHA clients.
Fly tipping of syringes in your back garden by tenants.
Tenants paying someone to sign as guarantor so as to gain a tenancy.
Tenants being arrested for identity theft and are on the run from the police.
Furniture thrown out of bedroom windows.
Gas and electric meters by-passed.
Water and utility bills not paid and then you have to get the property reconnected.
The problem for a landlord and a guarantor is that they simply do not know what people get up to behind closed doors.
That is why I get guarantors, I am not interested in a security deposit, they are a waste of time.
A guarantor is someone who places their trust in an individual and offers their good name and reputation.
Would you like to speak with a few of my guarantors and see if they would ever be a guarantor again?
Most tenants are okay, I even have ex drug and prison offenders for tenants. They know the score and if they knacker a property they will have a lifetime of regret whenever dealing with their guarantor.
I do not paint all LHA tenants with the same brush, that is why I still accept them, but there are a lot of bad people out there and guarantors take the strain and stress out of a situation, because the Councils and law is totally inadequate at dealing with them.
However, a guarantor is subject to a different law to the Housing Act, they are subject to breach of contract law.
Two different animals altogether.
That is where the difference lies.
If I break a tenancy agreement - the process is so slow to evict me I could have planted a field of potatoes and have a harvest before anything gets you out.
But if a guarantor breaks their agreement, I don't have to wait 8 weeks before I can act.
That is just one difference.
Landlords - want to rent.
Tenants want to rent.
Landlords want to pay their mortgages
Tenants tend to delay rent as long as possible.
Banks and building societies want their money on time.
Tenants still haven't paid their rent.
Bank forecloses and evicts both the landlord and tenant.
The result a bankrupt landlord on benefits, a troublesome tenant and a property that lies empty.
That is why landlords wont accept LHA tenants unless they get one in trouble that the council have taken away direct payments from.
The tenancy agreement is worthless to the landlord if they are claiming LHA, because it is as much use as toilet paper and about as vaulable as it after you have wiped your arse with it.
The guarantor is the one, who guarantees the validity of the tenant. They should know them far better than any credit check.
That is why you can't get a bigger choice of housing to rent.
The system is broken. It is so easy to fix, but it would involve common sense. Politicians do not have any.
You only have to look at what is now involved to take someone elses kids to school and to deal with kids.
Who dreamed up that load of bollocks?
A politician.
So now 6 million people have to pass a CRB check to do what was normal 6 months ago.
In April all landlords will have to register to rent a property.
For heavens sake - they just haven't got a clue.
Another level of paperwork, but will the Government build houses any faster?
Not one more house will be built as a result of this.
Will one more LHA claimant get their rent paid faster?
er no!
So what is the point?
It is simply an idea that will put people off offering their investments as housing for homeless and poor people who cannot afford to get on the housing ladder.
The LHA problem will get worse until the housing shortage becomes so great that the Government is forced to act.
This will require a change of Government.
A New labour government thinks that Landlords are at fault. That is because landlords do not have a voice in government.
If they did, you would not have difficulty in finding rented houses. Because there would not be a problem with LHA. We would have sorted it out by now.
There is a massive shortage of suitable homes, but there is not a shortage of property.
That's right - you could house thousands of people within a year, but we have stupid laws that stop people like me investing in things that you want.
Would you object to living over a shop or department store?
Millions wouldn't - but your local planner does!
I could convert hundreds of them, but I drive down dead city centres at night.
Did you know that Liverpool City Council have thousands of houses earmarked for demolition - but they could be converted into starter homes at a fraction of the cost.
But why should I bother?, when I can't get the rent paid directly unless the tenant owes more than 8 weeks rent.
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Have you never thought of giving your properties over to your local govt Management Agreement Scheme? It will do everything for you, including guaranteeing rental for up to 3 years, paying you (market) rent even when the property is not occupied, tenant issues dealt with swiftly with no cost or hassle to you & maintenance of the inside of the property. After hearing all your trials & tribs, I would think this was a better option for you.
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Yes I have considered it, but why on Earth would I allow a broken system to take care of my portfolio?
These things are not trials and tribulations, they are people who exploit weaknesses within the system.
Most of my LHA claimants are supurb examples of tenants.
It is the odd one or two that wreak havoc and screw everything up.
My point is that when the system required to help a landlord is utilised - it cannot cope and is badly designed to deal with a "git".
A tenancy can only be ended by a voluntary surrender by a tenant, a high or county court judgement via a section 8 notice or a section 21 notice.
Outstanding rents can only be obtained through a County Court order followed by an enforcement order.
These are very long processes and quite expensive to go down.
The courts are stretched with small claims,money order claims and possession claims and need to be stripped of their dealings with housing and branch it off into a specialist court.
LHA should be available to landlords after 4 weeks of overdue rent. It will turn the housing market around and give landlords a break.
My original input to this forum was to suggest that a guarantor is used.
My tenants guarantors are warned what will happen if their tenant mis-behaves and the Courts will back up contract law. They will not attempt to rewrite by case law such contracts as it would prove catastrophic for the commerce within the country.
However, tenancy agreements and their enforcement are at the discretion of the judge unless substantial arrears have accumulated.
70% of repossession claims under section 21 and section 8 notices are thrown out on legal technicalities.
Breaches of a guarantor deed aren't.
That is why I still take on LHA tenants. If I lost that ability - I would slowly but surely get rid of all my LHA tenants.
Do you know that very few insurance companies will accept the risk of LHA and HB claimants?
The ones that still do are very limited and can be expensive.
Direct Line offer BTL insurance, but they won't pay out if a tenant is on benefit or malicous damage is caused by someone entitled to live in the property.
How do I know? - because I had a property trashed by an LHA claimant - and it cost £4700 to repair the damage.
As the tenant was evicted - I was not entitled to their LHA. So Direct Line refused to pay, because I was not aware of their small print.
Yeah I got a CCJ against the tenant - but you cannot enforce it unless they have some form of asset.
So their guarantee bond from the council paid out £350. (I couldn't stop laughing!).
So that property will take 15 months to clear its loss.
But a guarantor would have now paid up, or I would have an interest in their property, salary or a 3rd party debt order against their bank account.
That is why guarantors are vital, but perhaps I shouldn't start a trend, because knowing this Government, they will fiddle around with the rules and cock it up even more.
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Not all tenats are the same-of course we know that, but one good tenant hasn't a chance of balancing out the actions of one bad tenant who will exploit this weakness; they KNOW they can make money from it and see this as a form of income ( astounding!), and that self same thief goes on to the next unsuspecting landlord and does the same thing.
I have endured this sort of tenant repeatedly over the last 18 months or so and it has financially crippled me. All my houses are now either repossessed or within 2 months of being so as a direct result of people stealing from the british taxpayer and myself. They aren't as few and far between as you may imagine.
I am now in receipt of benefits and on the verge of losing my own home.
Not all my DSS tenants did this, unortunately, as a knock-on effect, they also had to bear this burden, replacement of CH systems, double glazing upgrades etc-all of these things just could not be paid for, the non-payment of rents sucked everything from my business account.
It doesn't surprise me that those posters here who don't steal from the taxpayer and their landlord can't quite believe how bad it is. I couldn't believe it myself. I know better now.
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I am sorry mate to hear about your experience.
I was a new labour supporter, but my God have I seen the light since I started renting.
They have a compulsive need to regulate and kill everything that breathes enterprise outside of their little world.
I despair of what the fuck this country is going to do to get people off benefits. It seems blind to the fact that people have to make an effort and are not entitled to free cash for 40 years.
LHA claimants are usually great, but as I have posted before - the system is geared up to prevent them improving their lives through enterprise.
I can't criticise a LHA claimant - they get free money from a government body for gods sake, who in their right mind would refuse free money?
We make less and less as a country and if you try and be more productive or enterprising you get sneered at.
We are living on China's wealth and we have nothing to show for it except debt.
I cannot believe that my generation are due to retire in 15 years and a substantial amount won't have paid off their mortgages.
I think that we need a visionary leader of our country, that will stand up for what is right and fair.
I don't think its Cameron. He hasn't got the balls for it and his forehead is too shiny.
But I have just got to pray that Gordon Browns lot get turfed out, I just can't take much more of their meddling and bullshit.
You didn't deserve to be crushed by a system that abandoned you and now is going to destroy your lifes work.
Best of luck - Fuck em all!
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i am sick of shittey tenants and you go to solicitors in south wales and they will not help you has they support the tenants has the solicitors are comitting fraud here <<<<>>>>>>>>>>>>>>>>>>>>....I am a letting agent in aberdare and know other letting agents in the area got me shittey tenants before i moved here and now i discover the truth about 4 agents in the area i am sick of it they have caused one reposseision of my family home and i am currently sueing my mortgage company GMAC has they sold under value ruied my life bloody gits burn in hell the lot of them
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Unfortunatly this means that the consequences of your thought pattern are many and varied, but they are quite simply caused by your selfish behaviour.
Your local authotity has decided that your LHA is a certain amount, that should go to your landlord for paying your rent. If your rent is higher - then they expect you to contribute the additional amount. If your rent is below your total LHA allowance, the government has also allowed you an additional £12 per week from that allowance for you to use as you see fit, without you losing benefit.
So not only do you get LHA, but if circumstances allow - the Government also allow you to keep a bit of it.
But let's look at the landlords situation.
If he or she doesn't get the rent that you agreed to pay in the first place - they then have to get you evicted. It costs a fortune.
They may have to write that debt off - that means that the profit is lost and that business stagnates or dies.
You become homeless, they become in debt or spend most of their time chasing you for rent.
So ask yourself this question - if the result of taking an LHA tenant is chasing debt, going bust or just constant hassle - why the hell should they bother?
Your council can't build any houses, only charities, local housing associations or private sector landlords can generate housing for the country.
Shortly pension companies will be able to invest - but do you think that they will put up with rent defaulters?
This government is the root cause of housing problems - they have legislated against protections for landlords and now they are slowly realising that if they had thought it through (Fat Chance),- landlords of all sizes would not turn LHA or other benefit holders away. But landlords are thwarted by their own insurance companies and the governments own rules on LHA claimants. It is total madness. It is very easy to fix - but they won't change the rules - so landlords won't take you on - because you, as a LHA claimant might make a decision, when you are short of funds that could make them bankrupt.
So they look at the professional tenants for salvation and in return they give a higher standard of housing, because that's what the professional market requires. In return the landlord gets some security in the form of lower premiums from their insurance company, better legal protections, security deposits and guarantors.
£50 to clothe kids and babies etc may be too small - but it isn't your landlords fault - it is your governments.
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I heard recently about a story that a kitchen was destroyed due to the idiot leaving a chip fan on. Not only did he get a new kitchen he also got paid £30 a day to buy food because he could not cook. Is that MY fault? Is it the fault of the tax payer that some idiot fell asleep and let his kitchen burn down? No it is not so why do I have to pay for it? Why do DSS assume it is their given right to receive benefits. It used to be called a hand up and not a hand out but unfortunately it has gone too far now.
Now - and I know I am going to start a s*** storm here but here goes anyway! Kelly you say you lost your job when you were 11 weeks pregnant. You and you partner chose to have the child. Surely you should have thought through all the possibilities at the time. I am sorry that you lost your job, I really am, but I am sick to death of being a middle income, married no kids professional who is being screwed for taxes only to see it go to wasters. Kelly I am not calling you a waster here - please understand that - I know your circumstances are unfortunate. I am talking about the professional scroats and scumbags who use the system to provide their income.
I agree that this country is now way past redemption and I am sick to death of every bottom dwelling scumbag getting stuff whilst we see our elderly who are to scared to use their heating or eat because they can't afford it and don't qualify for help. The same goes with the elderly in care homes forced to sell their own homes because the government won't pay for their care. For f***s sake - have we lost all sense of decency for what is good. Lets rewared those who have least to give to society and leave those who can't afford or ar'nt able to support themselves due to dementia etc to rot. Welcome to the UK in the 21st century.
Airedale - whilst I agree with 95% of what you say I have to dissagree with your last statement. The £50 is not the fault of the government either - if you can't afford it dont have kids until you can! There is an amazing product called contraception!!
The sad fact is that the so called few 'good DSS/LHA' are massively outweighed by the scumbags and until something is done, that is the way it will stay. It is upto the DSS who are being lumped in with these people to do something about the problem and start lobbying their MP's for change. There is an election coming up after all. If you can't be arsed then don't blame us landlords for your failure to act.
Here endeth the rant for now!
Jools
PS: I hope you get back into employment soon Kelly!
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However all is not lost. Someone mentioned £50.00 p/w to clothe and feed baby. No worries, the government will fund this as well as the rent.
You will get £20.00 p/w child benefit and also you will be eligible for working and family tax credits (providing your partner works). Granted, tax credits will be taken into consideration on the assessment of your HB claim. However all is not lost.
You will become eligible for a two bed need which means your HB will increase. Not only that, new regs mean child benefit is now disregarded as income.
In fact you may even find yourself better off than you currently are all thanks to our wonderful benefits system, AND have a wonderful new baby. Makes me feel proud to be a tax payer.
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As for Kelly, you can't be that intolerant of people falling pregnant.
This bulletin board started over the distinction between LHA and Professional tenants.
The distinction is about the backup offered to landlords by ALL present and future governments. I have 6 Court cases currently on the go and I have 2 that are working and 4 LHA claimants.
Even today, I have been called to a property that has a bloke smoking dope in his bedsit - and now I will have to fight like fuck to get him evicted. The reason is not that I object to a dope smoking fuckwit - but because my insurance company does as well as his other housemates.
Kelly and all other compliant LHA claimants have their case wrecked by the odd individual who hasn't got the mental strength to keep their filthy habits around the back of the bike shed.
That is why the housing market is so badly distorted, LHA claimants are okay - as are professional, the difference is that LHA claimants have nothing to lose when they no longer value their standing in the community, at least professional tenants have something to lose, when they play fast and loose with the rules.
No matter what I ever say, no politician has the guts or brains to sort this mess out.
I watched a housing debate on the BBC parliament channel the other day and the conservative and Liberal MP's were concerned about the reasons LHA claimants could not get good housing in London. Then the Labour bearded fuckwit got up and suggested that it was the fault of Private landlords and the solution was more regulation. (What he really wanted was something for nothing (Theft)). They also suggested spending £500 million on regeneration subsidies. At no point did they mention relaxing planning laws, altering LHA rules etc.
They just haven't got a fucking clue.
We keep screaming at them how to fix the problem - but they just won't listen.
The next raft of legislation is due in April and it will be a taster of the big pension companies sweeping the rental market clean and then creating multi-block ghettos like they have in the USA.
They start off okay - but then the management charges start to increase with inflation. They then become unaffordable and then neglected.
Watch this space.
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I AM becoming more right wing and less tolerant in my old age but what else am I supposed to do when the politicians become less and less able to meet the real needs of society?
'They' say "we have to look after the children and encourage families as they are our future". Well they arn't going to pay for your or my pensions are they as that boat has already sailed! The problem is it is the civil service [sic] that is in charge of this country irrespective of who is in government and the fundamental thing is is that we as the residents are not being listened to. The government and local authorities want re-generation and high quality housing but then, as you say, shaft the Landlord or insist on private regulation whilst allowing the biggest culprits (including letting agents who are non regulated) to get away with murder. In South Wales, the proposal is (not sure if has gone ahead) to charge HMO Landlords upwards of £700 for a licence to help persue those HMO Landlords who flout the law!! Now how intelligent is that! Not lets prosecute the offenders and hit them with a financially punative fine that they have no choice than to either pony up the dough or sell the property therefore removing themselves as the problem.
As you rightly say - until someone actually has the bollocks to stand up and be counted nothing is going to change for the better.
You are right about Kelly. Kelly - I apologise. However until there is a major policy change there are more and more disgruntled tax payers out there who are looking for change and aboveall fairness. A pipe dream I know! Perhaps I should get my brown shirt and armband from the closet! Do you remember the old joke about "come the revolution............."? Never a truer word.
Bearded Labour fuckwit = left wing, bleeding heart pinko!
Off to read Mein Kampf now over a nice hot cup of tea!
Jools
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You cannot judge me as you dont know me, you know nothing about our situation and our life, And if it makes you feel any better, as soon as i am well and able i will be going back to work, putting the money back into the system that i have taken.
I feel that this wont solve your trust issue with DSS tenants, here is abit of free advice, get of your but and get a proper job where people graft, and stop taking money off people for letting them live in your property, thats not a proper business, its s rip off, easy money for the month, bar the few problems that you may have with some tennants.
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Kelly - if you don't want to be judged, dont post on blogs!
If you read my post I apologised to you. I would also suggest you get off your moral high ground and re-read my posts as I specifically mentioned I was not having a go at you!!
When you don't post pertinent information or half the info then how else are we supposed to make an informed decision?
If it was not for landlords there would be tens of thousands of people homeless!Oh yes - the taxes I pay from my 'non proper job' pay help pay for your benefits! Since you have accused me of me not knowing you - you have done the same for me. I have worked hard to get where I am today - mortgageless at 35 ( I am now 45)and with 6 rental properties, and please dont insult me by saying that you do/would not want the same.
Thank you for the advice. I have considered it and decline. Just goes to show how little people know about the property market and why so many people get into it to make their fortune and end up renting hovels! I have the utmost admiration for those who have lost their jobs due to the financial meltdown and wish them all the best in finding new work. I have no sympathy at all with the professional spongers and scroats who abuse the system.
If you are so pissed of with renting and your Landlord making money - simply hand your keys back and stop renting. Not rocket science.
Anyway - once again, please accept my apologies if I did not make it clear I was not specifically having a go at you. At least I am big enought to do that!!!
Jools
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Well I wonder what your next employer will have built their business for - oh I remember now it was so that you could sit on your fat arse, breed and suck the life blood out of somebody else.
For your information, most landlords do graft and they probably hold down a job or business as well to make sure that people with your spongeing attitude don't destroy their families life.
What job would you suggest we do? - would you like us to claim benefit like you?
Which one should I go for?
* Attendance Allowance
* Income Support
* Council Tax Benefit
* Disability Living Allowance
* Disabled Persons Tax Credit
* Housing Benefit
* Child Tax Credit
* Working Tax Credit
* Industrial Injuries Disablement Benefit
* Income-Based Jobseekers Allowance
* War Disablement Pension
* Pension Credit
* Constant Attendance Allowance
What about my wife? - who has to work because our son is disabled - would you like her to clean your baby's arse while you are out at work?
Your advice is from a broken mentality - you think that you somehow are entitled to steal from a landlord because you have decided that it is right to do so and that they are all lazy - a bit like landlords saying that all DSS tenants are shite hawks - we both know that it isn't true - but you are so full of self pity that you think that people who have invested their earned income in property are there for you to abuse.
I take on DSS tenants because I like people and I could make a lot more money with private tenants. But they do have their drawbacks.
They are sometimes bitter and twisted and just need a bit of help and stability to get their act together.
Your council do not have the ability to create housing - they do NOT have the funds or expertise to do so.
The private landlord sector is growing and soon it will be dominated by Pension funds, just like the commercial property market.
The government will have to do what they say or face the consequences.
Its as simple as that.
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However, my landlord is always reluctant to carry out repairs; 10 month wait for shower, 14 months for loo, windows falling out and never carrying out compulsary gas checks. (I now know very dodgy mortgage on property)! Many of the repairs I carry out myself in order to maintain a certain amount of dignity and normality for my last child at home. I have restored the garden as this is my respite.
I have raised 4 children on my own, the older three are all settled in their private lives and have attended university and are full paid up member of society.
Now I want to move as all the older children have left and reduce my outgoings to get back on my feet and what a problem - I am on benefit and the law and method of payment has changed but I have not - but many landlords seem to regard all prospective tennants in receipt of benefits not worthy of consideration - they should realy review this as there are many like me, looking for a good lardlord charging a fair rent who will have their property looked after as they would like.
Monopoly is a game I played as a child, it is for the most part a game of chance, you play the hand your given and make choices. I was dealt a bum hand with my youngest child by an error made by a hospital. I chose to accept the card I was dealt but seem to never find the "get out of jail card" when it comes of housing.
Yes....What a load of CRAP
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