Tenant with housing benefit

tbs624

silvercar wrote: »

two month's unpaid occurs the day the second months rent is due and not paid, if the first months rent has not been paid.

Yes.

Posts on the Board frequently/erroneously refer to two months arrears instead of two months unpaid.

zzzLazyDaisy

tbs624 wrote: »

Yes.

Posts on the Board frequently/erroneously refer to two months arrears instead of two months unpaid.

Genuine question here (sorry if it is also an idiot one...) I understand 'two months arrears' and 'two months unpaid' to be the same - ie the first day that the tenant is late with two months rent. It is clear that those of you who are more clued up can see a difference, so please would you explain it for a numpty?

Thanks

tbs624

lfckerry wrote: »

well ive just spoke to the housing office,they are still dealing with claims from october. the forms i filled in were only to get the first payment directly to me as it will be a lump some of arrears. going to be a few more weeks yet. i really dont know what to do

Write to the Benefits Office, enclosing a copy of the rent statement letter/notice that you may need to begin possession proceedings that you should be sending to your T.

Tell the Benefits Office that, regrettably, you will need to start those proceedings against your T, unless payment is made, since it is now x weeks since the tenancy started and the T made her claim for LHA.

Refer them to their own LHA Guidance Manual:

4.081 You should consider making a cheque or similar instrument of payment payable to the landlord when
• the customer has recently moved to the property and does not yet have a track record of paying rent to the landlord so as to safeguard the tenancy, or
• substantial arrears of benefit are owing to the customer

Payment on account
4.090 The LA’s duty to make payment on account arises at the latest on the 14th day after the claim is made in LHA cases, just as in non-LHA cases. If no request for further information has been made by the 14th day or a request has been made, but the customer has good cause for failing to supply the material requested, the LA must make a payment on account.
HB Reg 93 and HB (SPC) Reg 73.

silvercar

zzzLazyDaisy wrote: »

Genuine question here (sorry if it is also an idiot one...) I understand 'two months arrears' and 'two months unpaid' to be the same - ie the first day that the tenant is late with two months rent. It is clear that those of you who are more clued up can see a difference, so please would you explain it for a numpty?

Thanks

Two month's unpaid occurs the first day that the tenant is late with the second months rent assuming none of the first month has been paid.

Two month's arrears could be taken to mean that the tenant is not in two month's arrears until the end of the second month of unpaid rent. This is because rent is paid in advance not arrears.

zzzLazyDaisy

silvercar wrote: »

This is because rent is paid in advance not arrears.

Ahhhhhh! I see. Thank you

tbs624

silvercar wrote: »

Two month's unpaid occurs the first day that the tenant is late with the second months rent assuming none of the first month has been paid.

Two month's arrears could be taken to mean that the tenant is not in two month's arrears until the end of the second month of unpaid rent. This is because rent is paid in advance not arrears.

Although the distinction "unpaid" is from the G8 wording, it's only applicable for (a) and (b). With quarterly and yearly rental periods (c) and (d) do use the term "in arrears"

Interestingly note that for LHA purposes that Guidance Manual says:

4.061 Rent is in arrears once the date it is due to be paid has passed, regardless of whether it is due to be paid in advance or in arrears.

silvercar

tbs624 wrote: »

Although the distinction "unpaid" is from the G8 wording, it's only applicable for (a) and (b). With quarterly and yearly rental periods (c) and (d) do use the term "in arrears"

Interestingly note that for LHA purposes that Guidance Manual says:

4.061 Rent is in arrears once the date it is due to be paid has passed, regardless of whether it is due to be paid in advance or in arrears.

Given that LHA is always paid in arrears, does that mean that they are happy for tenants relying on their benefit payments to afford their rent to constantly be in arrears? ie in breach of their tenancy agreement.

BitterAndTwisted

It appears that they are happy with that arrangement unless said tenant is in one of their own properties. Then different rules apply

Geenie

Very bad how long the rent is taking to get through. Coming up to 2 months is not making any LL want to rent to HB tenants in your area.

OP, you state that the tenant first applied for benefits on the 4th November, so when did you agree to take her on as a tenant, ie was there at least a month to start the ball rolling before she moved in?

I have HB tenants, but they come with guarantors and having to pay the first months rent before getting the keys. Most of this takes at least a month to set in place. Aside from having to write letters in the first week, stating what they are paying and what they are getting, the DWP has been very good where I live, as have the tenants we have spent time selecting.

Don't ever be in a rush to let straightaway. Having waited a month or so to get the tenants finances in place, you would not now be 2 months if possibly more behind. Certainly do not let to HB tenants if you cannot afford any sort of delay when it comes to mortgage repayments and getting into financial difficulties.

Good luck OP and keep us posted on how it goes.

marleyboy

tbs624 wrote: »

You may like to read up on it just in case you find yourself in difficulties in the future, otherwise I guess your LL would be very pleased to get his property back so quickly.;)

Thanks, but I really dont think I will find myself in such a predicament, should I get myself into that much difficulty, he deserves the keys