home visit from housing benefit officer - query

pencilcase

I'm currently claiming partial housing benefit (am self-employed with low earnings) am due a visit from a housing benefit officer next week - I know she'll want to check my living situation (I live alone) business records, bank statements etc - am fine with all of that.

The problem is - the landlord who owned the flat when I moved in (Mr D) has since sold it to someone else (Mrs M) who wants to keep it as a buy-to-let property.

The rent and conditions are the same and Mrs M has been having the same letting agents to handle it (they're well known in this town), - I have evidence that I'm paying rent to Mrs M (bank statements with money going into letting agent account, letters from letting agent explaining change of ownership, etc...
What I don't have is a tennancy agreement - the letting agent suggested it but I was vague and suggested we just carry on without it... this is because my credit record re defaults on credit cards is v bad (I was stupid in the past and got myself into a mess - have never in my life been late with rent though) and I was worried that if Mrs M saw that in the credit check she might want to evict me.

How big a problem do people think this will be? Will the letters from the letting agency and the bank statements showing money going into their account be enough, or do I need a formal tennacy agreement with Mrs M to claim housing benefit?

Many thanks

Pencilcase

fluffymovie

You don't need a formal tenancy as a verbal agreement is still a tenancy for HB reasons.

As long as you have kept the council informed of any changes, you should be fine but keep out the letters from the lettings agent and the bank statements just to confirm what you are saying!

miss_spooky

Hi,

I had the same problem a few years ago when I claimed for housing benefit. My LL was a di*k though - he was ok with the idea of me leaving my job & claiming HB -as if it was his descision anyway - but agents advised him not to sign a new argreement. (Tenancy ended at the same time as my claim for HB went in).

HB wanted confirmation of the amount of rent paid so I asked for a letter just to conf that I was liable for the rent.

Council advised me that although I didn't sign a new tenancy, you go onto what is called a rolling contract which still has as many rights for a tenant as an agreement.

My LL & agents thought that if we got behind with rent then without an agreement they could evict us quicker. But that was not the case & they still had to follow proper procedure.

Didn't get eveicted for rent arrears.:T

He bottled it and evicted us on the grounds that he wanted it back for his daughter... :mad:

placido

Strictly speaking, a written tenancy agreement is not a legal requirement (to get HB) although the council usually expect one to be in place and ask to see it.

Show the HB officer the documentaion that you have. It may very well be sufficient.

pencilcase

Thanks everyone, that's really helpful!

all best, Pencilcase

Jowo_2

miss_spooky wrote: »

Council advised me that although I didn't sign a new tenancy, you go onto what is called a rolling contract which still has as many rights for a tenant as an agreement.

My LL & agents thought that if we got behind with rent then without an agreement they could evict us quicker. But that was not the case & they still had to follow proper procedure.

What you've described is known as a periodic tenancy and this automatically happens when an AST expires. Many landlords and tenants prefer this as it gives them flexibility compared with both sides being locked into a fixed term agreement.

if the rental period is monthly, the tenancy will continue indefinately until either the landlord gives 2 months notice or the landlord gives 1 months notice (with the notice timed to expire with the end of the rental period, it can be given at any point during the tenancy but its expiration must coincide with the rental period).

Therefore eviction can be quicker for the landlord compared to putting up with a nuisance tenant for the remainder of a fixed term contract, such as an AST of one year without a notice period in it, for example.

John38_2

Surely the council would realise you have failed to declare a change in Landlord?

I was told by a Council Worker, that they conduct Land Registry checks on all intial housing benefit claims, and again periodically throughout the tenancy to make sure you dont own it from the begining, or buy it half way through.

This would undoubtedly show that the owner has changed, and they might be wanting to visit you just to check that the new owner isnt your partner or member of family.

pencilcase

Many thanks to everyone for their replies.

The housing benefit officer has just been and everything was fine - I was able to show her the paperwork relating to the change of landlord from Mr D to Mrs M, and that was sufficient.

I also had to show her my most recent bank statements (business, business tax, personal) and give her my profit and loss account for 2009-10. She was very pleasant and professional and wasn't anything like as bad as I'd expected!

I think I'll get a smaller award this year, and have to pay back some of last year's as my final accounts were better than anticipated (got some last-minute jobs in before the end of the tax year) - but that's all cool... good that business is picking up. Fingers crossed that am off HB for good soon!