HB cheque in landladys name but already borrowed to pay arrears

Rain_is_Insane

Hi guys

After waiting over 2 months due to a computer system change, my HB award has come through. However, due to the length of time, my landlady was getting a bit annoyed so i borrowed the money to keep myself up to date. I've had a cheque through this morning in her name, i've explained to her that i borrowed to keep myself up to date, thinking she might give me the money if i gave her the cheque, but she's said, no, she will just class me as being in advance.

The person i've borrowed off only leant me the money on the strength the arrears would go into my bank, and i could just draw it out and give it them straight back. Is there any way the council would re-issue this is my name or am i screwed??

tinkertaylor05

Usually on the back page of the form it asks you to specify how you would like the HB paid, did you select payment direct to landlord? As if you did this is how it will always be paid.

I would contact your HB dept and ask if they can reissue/ change payment method.

Rain_is_Insane

I specified straight into the bank so i'm confused as to why it's come in the landladys name. If it comes in her name in the future i'm not bothered, it's just this initial payment that i've borrowed on the strength of.

Prinzessilein

When I put in my last claim for HB, I was told that the money always goes to the claimant not the landlord/lady unless there are substantial reasons why this is not possible.

Rain_is_Insane

Thats what i thought, i'll have to give them a ring and see what i can sort out.

RAS

If your rent is two month's in arrears the landlady can ask for the rent to be paid direct to her.

If your rent is due in advance (usual), you will have been two month's in arrears the day after your second rent day (31/32 days after moving in). What did you pay the LL before that deadline?

You now owe three months rent so as long as what you have already paid and what is on the cheque is no more than 3 month's rent, there is probably not a lot you can do.

AimeesMum_2

RAS wrote: »

If your rent is two month's in arrears the landlady can ask for the rent to be paid direct to her.

If your rent is due in advance (usual), you will have been two month's in arrears the day after your second rent day (31/32 days after moving in). What did you pay the LL before that deadline?

You now owe three months rent so as long as what you have already paid and what is on the cheque is no more than 3 month's rent, there is probably not a lot you can do.

I think you misread the question. The OP has paid his rent and now has a cheque for a further two months rent that HB paid out as they took so long to sort out his claim. I think your landlord is being unfair and you should explain the situation to her.

Jowo_2

As per the earlier suggestion, is it possible that your landlady contacted the council to report the arrears and arranged for it to be paid directly to her which I believe they can do when 8 weeks rent is owed? I believe, however, that claimants are notified of this so they can contest it if they don't consider there are arrears, it shouldn't just happen out of the blue.

SlinkySelina

IS this your first payment of your award? If so that is why the cheque is made out to the landlord. This can be done if the LA thinks you may not have paid your rent (as can often be the case with people on HB) and that it would be in the interests of 'efficient administration' of HB.
All other payments will be made directly to you.

Rain_is_Insane

ahhh yes it is my first payment so that will be why then. I'm not in any arrears but maybe they've done it like that because i've been waiting so long. I've managed to explain to my friend was has happened and we have agreed a repayment plan for the money i borrowed of him. It won't be too bad because now the landlady is going to get this cheque i won't have to find much towards this months rent so i can pay my debt off relatively quickly.

afc80

the council will have paid LHA direct to your landlord due to them thinking that you are 8 weeks in arrears. They should have obtained evidence of these arrears?

Both you and your landlord should have been written to, to explain this.

If you no longer have arrears of rent LHA should revert to you unless there is a risk of non payment or you are perceived as being vulnerable.

Provide your council with up-to-date rent receipts and future LHA payments will be made directly to you rather than to your landlord.