housing benefit claim..

Wee_Willy_Harris

PasturesNew wrote: »

Have you checked what his LHA rate is -v- the rent you charge?

Depending on his age, he'll get either the shared room rate, or the 1-bed rate - even if you're renting him Buckingham Palace.

If LHA is less than your rent, then they won't pay extra - he needs to be aware of this. If LHA is less than the rent you charge, you can't get blood out of a stone as he'll only be getting £65/week JSA and has all the other bills to pay and food to buy and jobhunting costs.

The "13 week rule" may apply if he has not claimed HB in the last year and could afford the property when he was working. This rule defers the LHA maximum rent restrictions for the initial 13 weeks. After that date, he may still apply for DHP to make up all or part of any shortfall.

Jowo_2

amjustagirl wrote: »

He got made redundant 2 weeks ago (or so he says) He didnt get any redundancy money. Why he didnt get the housing forms sooner i do not know.

You can check the maximum LHA he is eligible for in your property on the LHA Direct website.

What is his age and what is his household size (a partner or kids)? Single people under 25 are only entitled to an LHA rate equivalent to renting a room in a shared property, not a self-contained 1 bedroom property.

Is he entitled to backdating the LHA claim from the date he lost his employment or just the date he submitted the forms?

In any case, you should proceed with the usual way of dealing with a tenant in arrears, by sending a letter outlining what he owes. Some tenants who claim LHA/HB automatically consider their late rent an issue between landlord and council and not their problem or responsibility to sort out.

I wasn't aware that landlords filled out forms for their tenants to claim LHA these days. I thought tenants can submit them directly with a copy of their tenancy agreement. Many landlords don't find out when their tenant claims LHA if they do this after the tenancy commences as there's no requirement for the local council to contact the landlord.

amjustagirl

He moved in the house in july 2008 and has worked full time up until now so has never claimed LHA. He's 37 and lives on his own in a 2 bed house. Do i keep contacting him for updates? I will send none-payment letters out as normal.

Wee_Willy_Harris

amjustagirl wrote: »

He moved in the house in july 2008 and has worked full time up until now so has never claimed LHA. He's 37 and lives on his own in a 2 bed house. Do i keep contacting him for updates? I will send none-payment letters out as normal.

Then the 13 week rule should apply, if needed, and he will qualify for the 1 room rate. Either the LHA website or that of your local council will tell you how much that is.

amjustagirl

this is my local council's rates..

http://www.derby.gov.uk/Housing/HousingFinance/HousingBenefits/LocalHousingAllowance.htm

Will the tenant be classed as a 2 bed or a 1 bed? His rent is £480 per calender month.

Thanks

Wee_Willy_Harris

He'd qualify for the 1 bed self contained rate - £86.30 a week (£373.96 a month).

BitterAndTwisted

He's a single person over the age of 25 so he'll get the one-bed self-contained rate. Any shortfall will have to be found out of his savings/JSA. The time might be coming to find some-one to share the property with him

amjustagirl

He said he has no money/savings. Am considering selling the house at the moment as we want to have a baby and have less stress of owning this house aswell as our own..now might be a good time to give him his notice as am concerned that i won't be getting the rent anytime soon and what with interest rates potentially rising and house prices dropping further hmm decisions, decisions. Will 1 month's notice be suffice? or do i HAVE to give him 2 mths? his last landlord gave him a week (thought that was taking the pee a bit!)

Wee_Willy_Harris

Did he pay a deposit and, if so, have you registered/protected it?

amjustagirl

yes he did pay a deposit and yes its protected, he has the details of where his deposit is