DSS - looking for private let question

clutton_2

"" you can report that they are in arrears as early as 3 weeks""

you can report it as early as you like, but the 2004 Housing Act (LHA REGS) clearly states that benefit cannot be paid direct to the tenant until more than 8 weeks rent is in arrears.

i would be interested as to where you got the 3 weeks from ?>

socrates

clutton wrote: »

"" you can report that they are in arrears as early as 3 weeks""

you can report it as early as you like, but the 2004 Housing Act (LHA REGS) clearly states that benefit cannot be paid direct to the tenant until more than 8 weeks rent is in arrears.

i would be interested as to where you got the 3 weeks from ?>

LHA is in its infancy - and LA's are under pressure to have 90% of all LHA paid directly to tenants.

I think your sentence above is a typo I think you meant to say

direct to the landlord

not

direct to the tenant

If a tenant is in arrears by even one week which would be as early as three weeks into the tenancy - as LHA is paid every two weeks - a LL can ask for the claim to be suspended until the amount is cleared - in theory you can do this every time the tenant is a week late - if there is a pattern - the LL can argue that the tenant is likely to default and ask for LHA to be paid to them directly.

Obviously as you know with LA's unless you make yourself a nuisance you will not get anywhere but you definitely do not have to wait for 8 weeks to pass before you can do anything.

Some LA's take a common sense approach - others try to dig their heels in - but a well organised LL with copies of all their communications will win the day

poppy10_2

As a single mother of a 10 month old baby, she would be on high priority for a council house if she didn't have existing accomodation arrangements. If you issue a formal eviction notice say for around two months time (don't worry, you don't have to go through with it) she can go to the council and get bumped up the list. Seen it done lots of times.

clutton_2

Socrates says ""If a tenant is in arrears by even one week which would be as early as three weeks into the tenancy as LHA is paid every two weeks - a LL can ask for the claim to be suspended until the amount is cleared ""

excuse me while i get off the floor from laughing ....

never in the last ten years of business have i EVER received housing benefit decisions on tenants applications in less than 6 weeks - sometimes it has been 3 months. EVEN if you phone up and say "the tenants are in arrears" - the only answer you will ever get from council officials is "we deal with correspondence in date order and we have not got to yours yet - it may be another x number of weeks"

a few years back Liverpool Council HB was so bad that tenants moved in, stayed 6 months, moved out and LLs still had had no flaming rent ...

and then tenants now ask why LLs are reluctant to accept HB tenants ?

Having said all that - i am taking on another HB tenant next week - I think she will be ok - but i have insisted on a new bank account being set up for the HB payments to be standing ordered over to my account - whenever it arrives.

socrates

clutton wrote: »

Socrates says ""If a tenant is in arrears by even one week which would be as early as three weeks into the tenancy as LHA is paid every two weeks - a LL can ask for the claim to be suspended until the amount is cleared ""

excuse me while i get off the floor from laughing ....

never in the last ten years of business have i EVER received housing benefit decisions on tenants applications in less than 6 weeks - sometimes it has been 3 months. EVEN if you phone up and say "the tenants are in arrears" - the only answer you will ever get from council officials is "we deal with correspondence in date order and we have not got to yours yet - it may be another x number of weeks"

a few years back Liverpool Council HB was so bad that tenants moved in, stayed 6 months, moved out and LLs still had had no flaming rent ...

and then tenants now ask why LLs are reluctant to accept HB tenants ?

Having said all that - i am taking on another HB tenant next week - I think she will be ok - but i have insisted on a new bank account being set up for the HB payments to be standing ordered over to my account - whenever it arrives.

Clutton this may be the case where you are but where I am the 2 local authorities I deal with are different.

I attend the HB Office with the prospective tenant - as long as ALL the paperwork is there and forms filled in correctly they go straight onto the system and I am given a payment date there and then - if that is not the case then I do not proceed - after having had my fingers burnt once already.

I also make sure that I am able to discuss the claim with HB - the in-going tenant obviously has to sign to agree to this - again if they do not I do not proceed.

So now you can pick yourself up;)

clutton_2

thanks socrates - just goes to prove that local authorities all over the country react in hugely varying ways to the same legislation.

one south west authority are a delight - if the LL says the tenant is not paying rent - they force the tenant to prove they have paid (if the tenant claims they have paid) by producing receipts bank statements etc.

some northern authorities say to the landlord "prove you have not had the rent " - how can you do that ???

i was told by a council call centre woman last week that it didn;t matter if my rent was late in being paid - "so you would be comfortable receiving your salary 2 months late would you?" I asked - no reply.

Manchester are atrocious - they lose paperwork for fun ... they told a Polish tenant i managed that a "translated interview" was not necessary .......

enough - its late --- night night !!

Emma1973

Dont forget that 'interim payments' can be made 14 days after the application has been put in with all the information requested by HB