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housing benefit non-compliant landlady

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  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Rodolfo wrote: »
    it will be a rented flat on a 6 or 12 month let with a tenancy agreement. i will pay the deposit and rent from my cash. what is a LHA claim?

    LHA = Local Housing Allowance. It is what you apply for if you don't earn enough money to pay the rent. You don't need your LL's cooperation, all you need is the tenancy agreement. However the tenancy agreement may state that LHA is not allowed - this may be due to a problem with the insurance, or simply that the LL does not wish to rent to people on benefits.

    In any event, the first thing you need to do is to check the LHA for your area, to see if it covers the proposed rent. Also be aware that if you are a single person under 25 (but due to increase to 35) you will only be entitled to the rate for a room in a shared house.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Rodolfo
    Rodolfo Posts: 15 Forumite
    if you don't earn enough money to pay the rent. You don't need your LL's cooperation, all you need is the tenancy agreement. However the tenancy agreement may state that LHA is not allowed - this may be due to a problem with the insurance, or simply that the LL does not wish to rent to people on benefits.

    i get income support. if the tenancy agreement says nothing about LHA being not allowed, or that the LL doesnt wish to rent to people on benefits, does it mean that i could make a claim ?
  • dktreesea
    dktreesea Posts: 5,736 Forumite
    I don't see that it is any of your landlady's business how you pay your rent, or where the funds come from. Why would you even discuss whether you are going to claim for housing benefit with her? Sure, if she doesn't want to let to people on benefits and you haven't told her you are on income support, then I can forsee a problem. But assuming she is letting to you and knows you are on income support, you just sign the lease, she also signs it, and then you claim for housing benefit and council tax benefit, backdated to the date the lease was signed, usually the date you get the keys to the property.

    But you do need a proper lease to be able to claim. Which she as the landlady needs to sign as well as yourself. Then you and she both have original, signed copies. If she doesn't want to do this then she may not be declaring the income.

    Is it not possible to rent through an estate agent? That's what we do, and I have only seen the owners once in six years.
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