Landlord claiming housing benefit

Twentiesgirl

Thank you for all the advice given

Fang_3

If he's subletting, he's screwed.

Jowo_2

To clarify, your landlord is a social housing tenant who has no permission from the social housing landlord (such as the local council or housing association) to sublet the property where he no longer lives, therefore he breached his own tenancy agreement with them because it's not his primary residence and because he does not have permission to be a mesne (intermediate) landlord?

What action is being taken to recover the property from him as most social housing landlords would seek to repossess the property and give it to someone in housing need from their waiting list. Is there an eviction process in place for him?

Can your parents be your guarantor for the next property? Some private landlords make it a condition of letting their property to LHA claimants.

poppysarah

I wouldn't worry about any rent you've not paid him. That's the last of his worries.

Get your Care Coordinator to help you get on the council waiting list NOW.
Get CAB advice too.

Jowo_2

Shelter will be able to advise you of your rights and your options. See their section on harassment. Does this landlord live elsewhere or are you a lodger, sharing the place with him?

Tenants are entitled to quiet enjoyment of the property and a landlord should not enter the property without giving notice and gaining consent of the tenants. It's also a criminal offence for a landlord to harass a tenant into leaving. Unless a tenant leaves of their own will, a landlord is obliged to gain a court order to get possession of the property back.

What kind of reaction are you expecting from him when the rent is not forthcoming?

poppysarah

Jowo wrote: »

What kind of reaction are you expecting from him when the rent is not forthcoming?

Depends I guess on whether they start fraud proceedings on him straight away.

The OP should take advice this week as to their rights and get rehoused ASAP. Plus be prepared to ring the police if he causes any grief.

Jowo_2

I was just thinking that if the local council were taking steps to possess the property, then technically they make the OP homeless and I wonder whether this would mean they would be obliged to accept a homelessness application from her (not that they have a good record for helping the single homeless anyhow). Certainly, a squatter being evicted from a property can present themselves as homeless to the local council (not that the OP is a squatter) and while the local council are extremely averse to helping those with rent arrears, it was not her fault that she couldn't pay in this instance because it was due to the unknown actions of the landlord that prevented her eligibility for LHA.

Wee_Willy_Harris

Jowo wrote: »

I was just thinking that if the local council were taking steps to possess the property, then technically they make the OP homeless and I wonder whether this would mean they would be obliged to accept a homelessness application from her (not that they have a good record for helping the single homeless anyhow). Certainly, a squatter being evicted from a property can present themselves as homeless to the local council (not that the OP is a squatter) and while the local council are extremely averse to helping those with rent arrears, it was not her fault that she couldn't pay in this instance because it was due to the unknown actions of the landlord that prevented her eligibility for LHA.

I imagine the stumbling block would be the priority, although LA's would have to have due regard to her mental health regarding the vulnerability test. From an intentional point of view, if the LL was already claiming HB in his own right, she would be unable to do so because of the LLs (fraudulant) actions. It would be a harsh LA that found her intentional under these circs and, if so, I would suggest a challenge to such a decision.

easilydistracted

Hi Twenties girl.

The law regarding housing says you are homeless if you haven't got a place you can reasonably occupy. Certainly sounds like the case if you are not able to access benefits to pay the rent, your 'landlord' is a council tenant who is fraudently claiming benefits and you're in fear for your safety around him. I would really suggest you present as homeless at the council. As someone else said, your mental health difficulties would suggest you might be in priority need, ie more vulnerable than the average person. I imagine your care coordinator could help with this. The council should provide accommodation whilst they decide if your priority. If someones not in priority need there are still ways they can access temporary accommodation though not always on the day. Definitely get advice from Shelter if you get stuck, they have a good website

Mum_of_3_3

I've not got any suggestions re getting the LA to home you, but I just wanted to say I wouldn't pay any rent to the LL. After all if he's not paying any rent or mortgage on the house because it's being paid for him by the LA then he's not out of pocket at all is he. If he says you have to pay him, tell him to take you to court!

Good luck with getting rehoused

M_o_3

squinty

Just a word about vulnerability, and what it means in this context.

The fact that you have experienced mental health problems may not, in itslef be sufficient to prove that you are vulnerable. The definition used in for vulnerabilty is tough

"The LA should consider whether, when homeless, the applicant would be less able to fend for him/herself than an ordinary homeless person so that he or she would suffer injury or detriment, in circumstances where a less vulnerable person would be able to cope without harmful effects."

Its not that you have to be more vulnerable than average, but more vulnerable than the average homeless person (ie more vulnerable than a group who are themselves vulnerable) to such an extent that you would (not may) suffer injury or detriment.

I agree with the advice of others that you should make an approach to the homlessness section of your local authority. But, I'm not sure if information from your care worker alone will be sufficient to demonstrate you are vulnerable. The council will probably carry out (or ask the local mental health team to carry out) an assessment of your mental health as part of thier investigation.

Many councils offer other ways to help people who may be homleless or at risk of losing their homes. This may include bond schemes, or lists of approved landlords. I strongly urge you to get in touch with them.

You may find it better to make an appointment with someone from the housing team (may be called housing options or housing needs) and talk through the options properly. If you just call in you may get a general customer advisor rather than a specialist.

Good luck