Housing Benefit and renting

clutton_2

as long as he pays his rent on time he wont be evicted for claiming housing benefit

barnaby-bear

Pete268 wrote: »

Hi,

I visited my pal again last night and he is still worred about all this.

Does anyone know if legally he could get evicted if the Letting Agents find out he had had to claim Housing Benefits (bearing in mind the clause on their website and also as someone posted above the landlords insurance may be invalid)?

I am really trying to reassure him he will not find himself on the streets.

Thanks

Peter

If he's on a periodic AST which is most likely he can be legally given reason of two months for ANY reason what-so-ever... it's tuesday, the sky is blue, all legal.... or because the LL is nervous of the mortgage company clause, I really doubt a mortgage company would push for an eviction but if the LL feels he has to ask they probably have to reiterate the official line. There's no obligation on your friend to tell the LA, all the clauses are about applicants, there's nothing obliging him to inform the LL of a change in circumstances (no wrong doing there), the LL doesn't have any moral dilema, he fulfilled the non-benefit claimant and can truthfully answer mortgage / insurance questions (he'll probably be covered if he answered truthfully) as he has no other evidence (he's done nothing wrong).... the LL will not welcome the hassle or dilema.

ceebeeby

clutton wrote: »

ccbeeby - i am confused - as Housing Benefit was replaced by Local Housing Allowance in April 2007. All housing rents/benefits/allowances - call them what you will - now go to tenants directly and not to LLs - so there is no reason why the LL has to know if a tenant is on benefits. Which council is this ?

Hi, council concerned is Ayrshire. They're def. not paying the LL direct, however, they still wanted all of his details inc. registration number etc. This is the first time I've ever been involved in filling out any application for benefits, so I don't know if this is a new thing, or always been the case ...?

Best wishes to OP's friend!! Try not to worry.

Bungarm2001

To the OP; Please tell your friend not to worry too much.

How approachable is the LL? Is he or she local or not too many miles away? You might find that a quick chat will resolve all this. I would keep the LA out of it if possible because they will have to repeat the official stuff just to cover themselves.

As an LL I would do this; As soon as I knew that a longstanding tenant was about to go on the benefits, I would contact my lender, informally, and ask 'what if' questions about a tenant going on to LHA just to see exactly where I stood. Depending on what the lender said I would then approach the insurer and again ask the questions. Insurers are 10 a penny tho, and I'ts easy to find one that will insure a building housing a tenant in receipt of LHA.

I personally think that the statement from the LA regarding tenants on benefits is aimed at new tenancies. No lender or LL in their right mind would evict a very good tenant like your friend, even if the clause was enforcable, which I seriously doubt in your friends case. There would be a whole new can of worms opened up and the DDA could come into it possibly.

Up until reading this thread, I was convinced that all LHA applications in the UK were between the applicant and the DWP only, and the LL or LA have no rights over whether they have to be informed or not. This is up to the tenant alone. (I am surprised the hear this might not be the case) Again, a quick chat with someone at the LHA office will put your mind at reat here, or check ou your local councils website for details anf FAQ section on LHA.

One thing that has just ocurred to me (apologies if the answer is in your posts already) Will the LHA payable cover the whole of the rent payable or will there be a shortfall? This could alter things

EdInvestor

Could your pal find a suitable guarantor (homeowner,solid citizen, perhaps one of his children if he has any) who could be on hand if necessary to help out? This would resolve the problem for most landlords and possible also lenders.

Pete268

Hi

Many thanks for all your replies.

I have just spoken to his Local Authority who have told me that providing he can produce a copy of the Tenancy Agreement (he can) and proof that the rent is paid upto date (he has bank statements going back 7 years with the letting agent paid monthly both for the property where he has been for the last three years and the same letting agents previous property where he lived for four years) then they have no need to contact the letting agents or Landlord.

In anycase he has no idea who his actual landlord is (other than a name on the tenancy agreement) as everything is done through the letting agents (who are a long established company). He has paid them always a month ahead for the past seven years. The Letting Agents go round to see him every six months or so to make sure all is okay with the property He has never had any problems with them, nor has he ever caused them any problem. He has even paid to have new fencing put up all round the house after the old fence blew down - something which I thought the Landlord should have paid for, but he is that sort of tenant.

His LHA or Housing Benefit (whichever he will get) will cover all his rent (as his War Pension is disregarded by his Local Authority in working out his entitlements). However as this will be paid 4 weekly in arrears and he pays the Letting Agents monthly in advance, he will have to put some of his own money towards the rent until the 13th payment is made to him (took me a while to get my head around that!).

There is not really anyone who could be a guarantor etc for him as he has no family etc.

I was going to see if the British Legion etc have any homes for disabled ex serviceman locally for rent but apparantly they do not and in any case, he really likes living where he currently is.

As the Local Authority are probably not going to contact the letting agents, I have tried to reassure him which hopefully I now have.

If anyone can see any potential pitfalls looming etc I would be much obliged with any help so I can help him.

Thanks again.

Peter

neverdespairgirl

Bungarm2001 wrote: »

There would be a whole new can of worms opened up and the DDA could come into it possibly.

The House of Lords has just driven a coach and horses through the DDA, and therefore it's most unlikely to apply.

Lewisham v Malcolm - in the last fortnight or so.

Bungarm2001

Thanks neverdespairgirl...I knew something was rumbling along re the DDA and the House of Lords, that why I said 'possibly' in my post.

Off now to google it and read up on what happened... Thanks!

neverdespairgirl

You can find the judgment here:

http://www.bailii.org/uk/cases/UKHL/2008/43.html

happynot

There have been some really helpful replies on here. A good example of the forum doing what it is intended to do. I'm sorry I have nothing similar to offer - except to say that the OP sounds like a good friend - and I hope things work out. If any common sense prevails, then they should.

Good luck.