Landlord accused me of fraud in email and obtained private information from council?

Genieee

Heads Up: I cannot post this in CAB forum for some reason?

Ok, so I just received an email from my landlord that I deem a defamation, libel and containing information I feel is a breach of my privacy.

The receptionist of the tenancy company sent me an email saying I am fraudulently claiming benefits for housing. And has continued to tell me that the council told them I am receiving housing benefit.

I have clearly always stated I do not want the council to discuss this with my landlord.

I am now 8 weeks in areers and they have seemingly gotten private information about me outside of my permission.

I don't know where I stand here but I feel belittled, embarrassed and that my privacy has been breached.

Is this true, that they have breached my privacy and the email accusation of fraud is libel?

I don't know the law but this doesn't feel right. I really do feel awful about how this has been dealt with and that it is menacing.

Can anyone advise here a little bit so I know how to go forward?

Thanks

tomtontom

Calm down. If you are in receipt of benefits chances are you will not be in any position to sue for libel, so put that out of your mind.

The LA should not have discussed your claim with the LL if you stated they were not to be notified. However, it is likely this happened in error as opposed to anything sinister.

Why are you in arrears, is there a problem with your claim? This is what you need to focus on. Why does the LL think you are claiming fraudulently?

Bollotom

I think you'll find there's a time after being in arrears that the landlord can approach the council in order to have the housing benefit paid directly to him/her. You have to ask yourself why you are 8 weeks in arrears and the landlord MAY have arrived at the conclusion that if you are claiming housing benefit and not passing it on then this isn't right. I'm afraid you don't really give enough information to consider libel as there are no obvious grounds look like they could damage your reputation based on what you have told us. I should speak to your landlord and also the council to find out the reasons why you should arrive at the conclusions you do. Hope it gets sorted. :cool:

fabforty

I thought that landlords needed to know if a tenant received HB, as this could affect their insurance or mortgage (although I might have got this wrong). Knowing that you are in receipt of HB, is not the same as discussing your case with them.
Have you communicated with your landlord about the rent arrears (i.e. how they have arisen and when they will be cleared etc), as that should be your main concern right now. 8 weeks in arrears - he is probably concerned about his investment. I wouldn't call it menacing.

tomtontom

fabforty wrote: »

I thought that landlords needed to know if a tenant received HB, as this could affect their insurance or mortgage (although I might have got this wrong). Knowing that you are in receipt of HB, is not the same as discussing your case with them.
Have you communicated with your landlord about the rent arrears (i.e. how they have arisen and when they will be cleared etc), as that should be your main concern right now.

Tenants should tell their landlord if they are claiming HB for the reason noted, however they do not have to.

Genieee

Bollotom wrote: »

I'm afraid you don't really give enough information to consider libel as there are no obvious grounds look like they could damage your reputation based on what you have told us. I should speak to your landlord and also the council to find out the reasons why you should arrive at the conclusions you do. Hope it gets sorted. :cool:

Yes but they cannot feedback to the landlord that I am receiving it in any circumstance without my permission?

I read that as it is my legal income (in UK housing benefit is claimed to be legally part of my income), it is not fraudulent for my spending it on other things.

Therefore in the email where she clearly says "I am aware you are fraudulently claiming housing benefits" is to my feeling defamation, upsetting, unsettling, belittling and embarrassing.

Any more information is available. I'm quite upset about this and it's making me feel awful.

The reason I didn't pay my rent is because I haven't been able to. I lost my job and only got a new one today, and is why today I have decided to follow up this areers as I will be in a position to try get back on track.

EDIT/Update: They have also now stated that they haven't put my deposit in a tenancy deposit scheme. Is this legal?

Bollotom

The landlord CAN approach the council once you are 8 weeks in arrears. Now you say you had a job. One of the biggest problems with trying to help is that posters don't give the fullest information which turns help into guess work. I still doubt there's been any defamation (or libel). If you had a job were you claiming hosing benefit during this time? It isn'r illegal to spend your housing benefit on other things. That made me laugh, but that is why your landlord can approach the council. I know it's tempting to buy other things with your money but you must surely see the irony of if housing benefit is paid it is supposed to be spent on housing to avoid the situation you are now in. Below is a quote from Portsmouth council. I know you may not be in Portsmouth but most LA follow similar guidelines

My tenant is behind with the rent. What can I do?

If your tenant is eight weeks or more in arrears with their rent, we can pay housing benefit direct to you, even if your tenant has requested us not to. So it is important to keep in touch and let us know about any rent arrears, particularly if you are considering enforcement action (such as eviction or giving notice seeking possession) and you believe the rent arrears are in part due to non-payment of housing benefit. Remember - it is the tenant who is liable to pay the rent, not Portsmouth City Council

Caz3121

How long have you been in the property?
Does your tenancy agreement cover anything about benefits - some BTL mortgages and landlord insurance policies specifically disallow renting to benefits claimants. (hence a large number will advertise "no DSS") It may be your landlord would be affected by this - his mortgage could be called in and his insurance policy null and void

With you being 2 months behind the landlord will be able to start the eviction process. What communication have you had with the landlord re your rent arrears. If they were reasonable and you had explained you had lost your job and were having to apply for some help (which takes time to process and is paid in arrears) they may have been happy to wait. If you told them nothing then they may have thought you had the money and were just deciding to not pay

fabforty

Genieee wrote: »

Yes but they cannot feedback to the landlord that I am receiving it in any circumstance without my permission?

I read that as it is my legal income (in UK housing benefit is claimed to be legally part of my income), it is not fraudulent for my spending it on other things.

Therefore in the email where she clearly says "I am aware you are fraudulently claiming housing benefits" is to my feeling defamation, upsetting, unsettling, belittling and embarrassing.

Any more information is available. I'm quite upset about this and it's making me feel awful.

The reason I didn't pay my rent is because I haven't been able to. I lost my job and only got a new one today, and is why today I have decided to follow up this areers as I will be in a position to try get back on track.

EDIT/Update: They have also now stated that they haven't put my deposit in a tenancy deposit scheme. Is this legal?

I'm guessing that your landlord is also pretty peed off. Remember, even if the tenant does not pay their rent, the landlord still has to pay the mortgage and unless you have communicated with your landlord about your arrears (which I assume that you haven't, as you have not answered this question despite being asked a few times), the landlord has no way of knowing if/when he is likely to get a penny from you. It could be weeks, months or never.


You now have a job, great, but spending the money given to you to pay your rent on other things while your rent goes unpaid, is pretty shoddy behaviour as well. I am not a landlord, but TBH your posts illustrate why so many refuse to let to benefit claimants.

DomRavioli

Genieee wrote: »

Yes but they cannot feedback to the landlord that I am receiving it in any circumstance without my permission? They can if there is potential for fraud or severe arrears as far as I am aware.

I read that as it is my legal income (in UK housing benefit is claimed to be legally part of my income), it is not fraudulent for my spending it on other things. SO WRONG!!! It is an assistance payment for rent/service charges only as per your tenancy agreement - not for you to spend how you deem fit.

Therefore in the email where she clearly says "I am aware you are fraudulently claiming housing benefits" is to my feeling defamation, upsetting, unsettling, belittling and embarrassing.You don't have a leg to stand on - if your landlord is possibly about to issue a notice of intention to quit (that means you will be evicted if granted due to 8 weeks or more arrears) then I can see no LEGAL reason why they are unable to speak to the council in respect of rent benefits.

Any more information is available. I'm quite upset about this and it's making me feel awful. See your GP for some counselling?

The reason I didn't pay my rent is because I haven't been able to. I lost my job and only got a new one today, and is why today I have decided to follow up this areers as I will be in a position to try get back on track. Your housing benefit is to PAY YOUR RENT - you chose to ignore that and you are most likely to be evicted due to 8 weeks arrears which is completely legal.

EDIT/Update: They have also now stated that they haven't put my deposit in a tenancy deposit scheme. Is this legal?

Is it a private landlord? When did the tenancy start? What tenancy are you on?

OP, please drop the carpola; housing benefit is solely for the purpose of paying rent/service charges due to low income, not for you to spend as you wish.

Libel? No. Slander? No. Defamation? Definitely not. Breach of Privacy? Heck no.

I suggest you pay your rent and hope your landlord hasn't lodged an application with the courts to evict you.

Bollotom

Your deposit should be protected within 30 days and your landlord should have advised you. Here's a link . Read it and then check.

http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes