Landlord Keeping deposit cos HB not come through yet

poppysarah

Someone's moved whilst waiting for HB to come through.
Their landlord has said they will keep the deposit because the rents not been paid. The HB (LHA) will be being paid direct to landlord AFAIK and should be coming through anytime now.

Can the landlord do this?

tek-monkey

Until its paid, yes. They left without settling their debt surely?

EDIT: Is the HB definately to the LL and not the T? Is there a history of this, or is this the first payment?

poppysarah

HB def to the landlord but first payment I think (I'm assuming there as they didn't stop on the phone long when I said I didn't know!) - else it'd work out easier I spose as the LL could keep the deposit and the tenant could keep the HB.

So they can keep it until the HB comes through?

princeofpounds

Only if the rent remains unpaid at the conclusion of the tenancy. For now, the deposit should remain exactly where it is (in a deposit protection scheme most likely).

tek-monkey

If its a first payment, I'd definately not release the deposit until it is paid. How does the LL even know its coming? You can get HB straight to yourself, they could have asked for that and told the LL different. If this person has terminated their tenancy with outstanding rent, they can expect it to be kept from the deposit. If HB then comes through, the LL can reimburse them.

Did they give a proper notice period to leave? How much rent is overdue?

bobby-boy_2

Housing Bennifit (HB) has been replaced by an Individuals Local Housing Allowence (LHA) and has been for some time now.
LHA is paid directly to the tenent so I cant see any payment being made to the Landlord from the government.
Not to mention if this is the 1st payment why has the tenent moved so quickly?
It does not normally take 6 months for "Housing benefit" payments to be made and lets are normally 6 months min. Sounds like we are getting 1/2 a story here.

poppysarah

I have lots of questions for the person who rang too but I've not spoken to them since.

The amount owed sounds wrong so they will have to give me more details tomorrow and then I suspect chase up the council to see what they have paid.

I did think you could agree to have LHA paid direct to the landlord though.

I know one of my neighbours has had her LHA stopped for no apparent reason recently so maybe the council has dropped the ball somewhat.

I will feed back with more info tomorrow if I get some.

poppysarah

An Update.

Have seent the landlords rather interesting rent statement since he's been there.
He's been paid twice for June (tenant paid and then HB caught up) and HB been paid ever since.

Last payment seems to be up til 16th Nov - Monday -

The irregularities come from their accounting where they've messed up and put rent payments in the debit column and then reversed rents and done reverse reverses. It really is a very strange set of figures - but rent has been paid continually.

The LL has told him it's because he (tenant) doesn't understand their bookkeeping system that he can't see why he owes them 600 quid. (But it's just double entry bookkeeping which the tenant's done in the past for a business)

All really dodgy on the LL side by the looks of it.

tek-monkey

Not a problem, tell the LL it shall be taken up with the relevant deposit scheme.