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

tokenfield

lighting_up_the_chalice wrote: »

It's the landlord who cannot do the simple maths. That's why the tenant is being asked to over-pay. Did you not read the OP?

The landlord probably knew from the start that he/she would be paid an additional 4 weeks HB every year on top of the rent due. He's not likely to point it out to the tenant is he? I wouldn't. It is for the tenant to realise it before he/she signs the rental agreement.

The tenant has actually paid what he agreed to pay, not a penny more, not a penny less - 12 x £146.

The 'extra' has been paid to the landlord by the council - the tenant hasn't suffered any loss - he/she has paid what was agreed at the start.

tokenfield

Nada666 wrote: »

Utter rubbish. The contract is for £xy00 per year. The landlord has no right to charge an extra four week payment every year. It does not matter that the extra money has been paid - the account is in balance and the landlord may not keep it indefinitely.

Where you are correct is the tenant's choices are limited.

The contract is that the tenant will pay 12 top ups throughout the year of £146 each.

The other part of the contract would be that he expects HB to cover the difference - paid direct to the landlord.

The landlord hasn't charged anything, the council have paid him the money.

Of course the landlord will and can keep the 'extra' £400 of HB. The council don't want it back.

At the end of the day it doesn't matter who is right or wrong.
The OP has a home courtesy of the landlord. If the tenant wants to start proceedings against the landlord to recover this £400 - good luck to him. However he had better start looking for somewhere else to live.

tokenfield

inklove wrote: »

That is what I though,
I would then use that 'extra' money to pay the top up rent for several months, which is what that money is meant for, to pay the rent.
Or the LL can keep it and I just will not pay the top up for several, months, that is what I suggested, but the LL said he hadn't received any 'extra' HB payments.

The landlord isn't going to admit it is he?

As I have said the only way to sort this out is through the courts.

To not then pay any future top ups until the £400 'credit' has been used up is likely to result in the eviction process to be started.

Best advice - walk away and forget it if you want to carry on living there. It wasn't the tenant's money in the first place.

lighting_up_the_chalice

tokenfield wrote: »

You may be right technically about S21, but I can only tell what he tells me. He serves notice to quit at the start of the month (after he has been paid the rent for the month) and expects possession at the end of the following month.

As for his fee being unenforceable, I know that that isn't correct. He makes a claim in the county court and 9 times out of 10 no one files a defence. He obtains judgement by default and takes action to secure the debt.

He was once described by the BBC Watchdog programme as Britain's worst landlord.

So hardly a typical landlord then, which makes your previous posts all but irrelevant.

lighting_up_the_chalice

tokenfield wrote: »

The landlord isn't going to admit it is he?

As I have said the only way to sort this out is through the courts.

To not then pay any future top ups until the £400 'credit' has been used up is likely to result in the eviction process to be started.

Best advice - walk away and forget it if you want to carry on living there. It wasn't the tenant's money in the first place.

The "top up" certainly is. And if this LL is so inept at basic maths, he may well not be able to evict his tenant.

tokenfield

lighting_up_the_chalice wrote: »

The "top up" certainly is. And if this LL is so inept at basic maths, he may well not be able to evict his tenant.

Possession counts for more than the truth.

How do you think the tenant is going to win this one?

Landlords currently need every penny to keep their properties available for the 1000's that need a home.

lighting_up_the_chalice

tokenfield wrote: »

The landlord probably knew from the start that he/she would be paid an additional 4 weeks HB every year on top of the rent due. He's not likely to point it out to the tenant is he? I wouldn't. It is for the tenant to realise it before he/she signs the rental agreement.

The tenant has actually paid what he agreed to pay, not a penny more, not a penny less - 12 x £146.

The 'extra' has been paid to the landlord by the council - the tenant hasn't suffered any loss - he/she has paid what was agreed at the start.

Technically, it's HB fraud. The LL has received an amount of money from HB when, according to the tenancy agreement, there is no liability for it to be paid.

lighting_up_the_chalice

tokenfield wrote: »

Possession counts for more than the truth.

How do you think the tenant is going to win this one?

Landlords currently need every penny to keep their properties available for the 1000's that need a home.

Well, S8 is a non starter as there are no arrears, so he will have to rely on S21, 70% of which get thrown out of court. A switched on tenant could easily get 6 months rent free out of this, never mind an odd £400.

jacko909090

You could always ask your landlord for an up to date rent statement which should show the payments he has received from you and from HB, don't think he has to provide one by law but you could ask for one?

You might find some useful info in here:

http://england.shelter.org.uk/__data/assets/pdf_file/0017/23390/Private_Tenancies.pdf

Your tenancy agreement should state the total rent due each month and technically if the landlord is receiving HB + top-ups that = more than the monthly rent x 12 he has increased your rent which would be a breach of the agreement.

I don't think the debate is whether he is wrong though as he clearly is but more what you could do. Unfortunately I don't think there would be anything you could do that wouldn't result in you losing your home. You could contact Shelter and ask for some advice.

Have you got a local Housing Association - have you made an application to them??? I presume you have a family as you mention you struggle for childcare so you may be able to get on the waiting list for a property from them? This would give you greater security of tenancy etc?

Tokenfield - it is the OP's money as she has been overpaying her rent for the other 12 months of the year... The amount the landlord would receive is fixed for the 12 months (depending on any change of income etc of tenant) so anything over and above the annual rent - (annual HB amount + tenant payment) = credit due to tenant.

so if the monthly rent was £400 and the weekly HB was £80 this would leave a weekly top up due by the tenant of £12.30:

annual rent due £4800
annual HB paid £4160

Top up should be £640 for the year but if the landlord made the tenant tp up the 4 weekly HB each month then annually the tenant would be paying £960. An overpayment by the tenant of £320.

tokenfield

lighting_up_the_chalice wrote: »

Technically, it's HB fraud. The LL has received an amount of money from HB when, according to the tenancy agreement, there is no liability for it to be paid.

That's the best I have heard of - fraud????

Who has been defrauded? Certainly not the council - they have paid exactly what the tenant was assessed to be entitled to.

It's not theft either. There is a signed agreement for the tenant to pay over £1752 to the landlord in equal instalments of £146 every month.

Try another one.