Housing Benefit

[sn]

So...tennant has split up with boyfriend...now single mum in my flat etc etc

She has applied for housing benefit, I completed a landlord declaration and as the landlord, I thought I'd give the council a phone to confirm that they had received her application/that she was actually applying/that everything was ticking along nicely.

"We cannot discuss that with you, you should ask your tennant"

How helpful, any advice?

[propertyfag]

Ahhh I've been in this position. The council are USELESS! They basically can't give away any information about the tenant because it will break the Data Protection Act. It's a joke for Landlords that are in your position.

You basically have to wait until your tenant informs you of the progress.

Back in the day, landlords used to get payments direct and you'd be informed by a letter. But the laws have changed since, and tenants receive the payments direct. It's done this way so those on HB learn to be responsible for their own money. Sure that sounds good in theory, but in reality, it's a disaster for Landlords.

Out of curiosity, when is her rent due? Has she fallen in arrears, and do you think she'll be able to make next months rent?

[sn]

thanks, she has told me she has asked the council to pay me directly as she has admitted she would just spend the money. So its almost reassuring that she appears to have thought this through and knows that their is a option for the landlord to be paid direction.

Still I'd feel more comfortable if the council had acknowledged things or asked for my bank details. Rent due last day of the month, expected it to be late, but will remind her next week to chase the council. She won't be able to pay unless she gets her HB. Yes, currently in arrears paid half a months rent and other half due this weekend. Maybe I'm too nice?

I'm going to try and remain patient, hopefully once (if) her housing allowance is set up and paid direct to me things will run smoothly....yes, I've read the DSS articles on here

[propertyfag]

Ahhh ok, at least she's getting it arranged so you receive the payments direct. In that case, you should get forms through, asking for details of your bank account.

It usually takes a few weeks for everything to be arranged.

You'll get paid every 30days- it all starts to get confusing

[sn]

thanks, i'll let you know how it goes, if only to allow me to vent!

30 days...wtf lol

[propertyfag]

Yup, 30 days! It's gets EXTREMELY confusing. They don't pay PCM (per calender month), they pay EVERY 30 days. It can get really complicated, trust me.

If I were you, I would keep a log book of when you receive payments!

Good luck!

And please let us know how you get on. I'm sure loads of people get put into the same situiation. Once you let us know how it works out, i'll write about it on the main site, so others will be informed :0

Many thanks!

[Jools]

You could write a letter for her to sign authorising the HB people to speak to you on her behalf!

Jools

[corkish2003]

I`ve had similar problems with the council, they wont disclose anything,but the tenent can inform the council that the he/she is giving you the right to dicuss her claim with them.Well it worked for me

[Keefie]

Toward the rear of a HB form you'll find a tick box and declaration that can be signed by the applicant giving the council authority to discuss. Indeed, previous posts have pointed out, a signed letter will suffice. As for the four weekly payment cycle, I changed my tenant's rent to four weekly. This means thirteen payments over one year as opposed to twelve, thus I know exactly when she receives her payments.

[SOLLAMONGER]

I just wanted to say there is a form for the tenant to fill in to allow the Landlord to discuss the claim with the housing office.

There is a form to fill out to get the payments made to the Landlord and the tenant having an overdraft and/or debts should be enough to get this approved.
The housing will time limit this and review it unless the tenant has got into 8 weeks rent arrears then the payments to Landlord will be permenant.

The reason for the change from Landlord payments to the tenants is stated "it's for the good of the tenant, to learn to budget and not have to tell Landlords/Agents they are DSS" but this is not quite true.
Tenants have to prove their income to Agents, so that does not work out!
If a Landlord/Agent can get rent payments made directly they will have to sign a decloration stating "Any overpayment of rent will be paid back by the Landlord"
Up until the change any overpayments were recovered from the tenant even if the Landlord got the money.
Then I presume the tenant was supposed to get the money back from the Landlord/Agent. Some hope!
I also presume this meant many Landlords/Agents got to keep the money and many DSS tenants did not get taken to court for the money to be recovered due to having no money and not having had the rent in the first place!!
I have never heard of anyone being taken to court for rent overpayments and I imagine there would have been millions of cases due to the mistakes the housing make!!

Currently under the new scheme if the Landlord gets direct payments they will be 4 weekly.
If the tenant gets the payments they will be 2 weekly.

There is also a discretionary fund form to apply for any top up of rent.
It is not guaranteed and has a time limit on it but if your tenant gets behind with the rent they should at least apply.

If you want to know what rent a DSS tenant is entitled to there will be displayed in the housing office a sign of rents for that area.
This can also be checked on www.lha-direct.voa.gov.uk
The amounts can change monthly and it will be the month tenancy applied for that will be used.
They do update this a few days before the new month begins so you can see if it's worth waiting a few days to get more (in case of a shortfall and top up being required)

I'd also like to add that most DSS tenants would like the payments to be made to the Landlords and we cannot see why payments to a different bank account matters?
The only reason that makes any sense is the problem of recovering overpayments from Landlords/Agents in the past and so much money was lost something had to be done!
Taking the Landlords/Agents to court should have been the answer!

[jenny.smith]

For Housing Benefit income and property taxes are lower than savings level.Capital means land, buildings or anything else that could provide income. If you have more than th amount specified in capital, which can not be a housing subsidy if you get the guaranteed part of Pension Credit.

[jeffo]

When my tenant split with her bloke I didnt get rent for 3 months. It puts the tenant in a really poor situation. Imagine how much they panic when I call. Imagine how hard a situation they are puy in when all I want is my damn money!! How does this new way benefit the person? The learn humility perhaps? How to beg and grovel as the money is hopefully coming soon? My tenant even had a friend in the correct department (illegally) helping out and it still went wrong!

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