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Housing benefits paid to landlord, i top it up. what about the '13th' payment?

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Comments

  • fluffymovie
    fluffymovie Posts: 1,417 Forumite
    Part of the Furniture Combo Breaker
    I see this a lot tbh -

    What you need to ask the council for is a statement of money paid to him. This will give you the total.,

    As others say, you need to calculate what your annual liability is under your tenancy agreement.

    Deduct the payments made to him by HB and then the payments made by you and the excess is money paid over your rental liability. If he refuses to see sense, I would speak to Shelter or CAB
    I currently manage a Housing Benefit service and have been working in Housing / council tax benefit (as was) since 2001.

    All views expressed in my posts are my own opinions and do not necessarily reflect those of my employer.
  • tokenfield
    tokenfield Posts: 257 Forumite
    Marisco wrote: »
    Why should he get a premium? The tenant is paying the rent in full each month, where that money comes from should be no business of the LL (so long as it's legal that is!!)

    You are living in Utopia!!

    The tenant is NOT paying the rent - the council (the taxpayers) are paying the vast majority of it. The tenant is paying a small top up.

    Many landlords would run a mile from any potential tenant if the rent is funded via HB for obvious reasons.

    I would agree that if the tenant was paying the whole of the rent out of their salary, then yes they would be able to control how it is paid.
    As it is, the tenant has little or no control over the way HB is paid direct to the landlord. In cases like the OP's, it is just one of those things were the landlord is able to take advantage of the system.
  • tokenfield
    tokenfield Posts: 257 Forumite
    edited 2 August 2013 at 8:13PM
    I see this a lot tbh -

    What you need to ask the council for is a statement of money paid to him. This will give you the total.,

    As others say, you need to calculate what your annual liability is under your tenancy agreement.

    Deduct the payments made to him by HB and then the payments made by you and the excess is money paid over your rental liability. If he refuses to see sense, I would speak to Shelter or CAB

    It doesn't stop the landlord from taking this money. What is the tenant to do - sue him?? Or should the council sue him??
    Neither will happen and the landlord will know this. plus what tenant would want to wind up a landlord over £400 if that was the only place they could find to rent?

    Might as well put up with it - at the end of the day it's not even the tenant's money - it is an extra payment via Housing Benefit.
  • tokenfield wrote: »
    It doesn't stop the landlord from taking this money. What is the tenant to do - sue him?? Or should the council sue him??
    Neither will happen and the landlord will know this. plus what tenant would want to wind up a landlord over £400 if that was the only place they could find to rent?

    Might as well put up with it - at the end of the day it's not even the tenant's money - it is an extra payments via Housing Benefit.

    Housing benefit IS the tenants money, in exactly the same way that a salary belongs to the earner. In both cases, what they choose to do with it is entirely up to them.
  • tokenfield wrote: »
    You are living in Utopia!!

    The tenant is NOT paying the rent - the council (the taxpayers) are paying the vast majority of it. The tenant is paying a small top up.

    Many landlords would run a mile from any potential tenant if the rent is funded via HB for obvious reasons.

    I would agree that if the tenant was paying the whole of the rent out of their salary, then yes they would be able to control how it is paid.
    As it is, the tenant has little or no control over the way HB is paid direct to the landlord. In cases like the OP's, it is just one of those things were the landlord is able to take advantage of the system.

    Tenants very much control the way HB is paid direct to the landlord. All they have to do is ask for it to be paid direct to themselves instead. Can't get much more control than that.
  • To the OP. You are absolutely correct. The LL is getting 13 x 4 weekly payments but accounting them as monthly, so, in any 12 month period, he will be getting an additional 4 weekly payment as your top up is based on it being a monthly payment.

    How long are you intending to remain there?
  • Linda_D_2
    Linda_D_2 Posts: 1,891 Forumite
    inklove wrote: »
    My LL claimed that he hadnt received an 'extra' payment, but he must have at some point.

    Your landlord is a lying scumbag who'll do anything to rip off people. Don't trust him an inch, he'll screw you over.
  • pretzelnut
    pretzelnut Posts: 4,301 Forumite
    Yes you can ask the council for a payment schedule. They will also work out your own payments. Tell the council what is happening, he may have other tenants that he's doing exactly the same too. The council can look further into it.

    Your landlord SHOULD NOT be taking extra money off you. As you said your tendency agreement states housing benefit is to be paid direct to the landlord, it also states your actual rent.

    As long as he gets paid his rent each month he can't evict you surely. He's praying on your fear of being homeless.
    :TIs thankful to those who have shared their :T
    :T fortune with those less fortunate :T
    :T than themselves - you know who you are!
    :T
  • tokenfield
    tokenfield Posts: 257 Forumite
    Housing benefit IS the tenants money, in exactly the same way that a salary belongs to the earner. In both cases, what they choose to do with it is entirely up to them.

    Is it? You work for a salary - what has the OP done to 'earn' HB?

    Can they? I suppose so but then if the rent isn't paid using the HB, they would be out on their ear.

    In the OP's case, the HB goes direct to the landlord - is that what you would class a choice 'to do with it is entirely up to them'?
  • tokenfield
    tokenfield Posts: 257 Forumite
    Tenants very much control the way HB is paid direct to the landlord. All they have to do is ask for it to be paid direct to themselves instead. Can't get much more control than that.

    But we are talking about a landlord that, as part of the tenancy agreement' has the HB paid direct to them.

    No wonder that there are rent arrears and evictions rife within the category of those that have to rely on HB to pay the rent. And no wonder landlords run a mile as soon as you mention HB.

    Personally I can't see what choice there is - you either pay the rent with it or you don't - the consequences are pretty obvious for the latter.

    If I was a landlord and you a potential tenant - if you came to me with that attitude the answer would be that there is 'no room at the inn' even if the property was empty!
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