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

sueturnersmith

I am somewhat sceptical about this OP. Surely no-one is this stupid?

stevemLS

sueturnersmith wrote: »

I am somewhat sceptical about this OP. Surely no-one is this stupid?

Ultimate triumph of hope over experience, if you ask me!

Of course it's not defamatory (defamation covers both libel and slander, the former being written, the latter being oral).

Having said that, if you have a spare £100k I am sure you will find lawyers who will take it from you in order to lose a case.

(I am a lawyer!)

Just pay your rent using the taxpayers money given to you for that purpose?

dcems

Housing Benefit is a means tested benefit that is intended to help meet the housing costs in rented accommodation.


If you are in receipt of housing benefit, as your landlord has discovered, why are you not passing it on to him?

BigAunty

'Receptionist of the tenancy company' - are your referring to the letting agency? If so, are they accredited to a professional assocation, like ARLA? If so you can go through their complaints procedure but many estate agents are not members of any professional bodies.

They do represent the landlord by having a binding legal contract to represent them but don't replace them - I wonder why the receptionist of an agency is seen directly as the landlord slandering you?

Regarding the lack of registered deposit, ask the Housing forum members how you can double check this (as there are various different schemes) and your options to seek redress.

Landlords are permitted to have HB paid to them directly when the tenant in receipt of it are in arrears by a certain amount of weeks so it is evident that there are rules in place that permit some degree of legitimate communication between landlord and council. There is a poster on these boards who works as Housing Benefit Officer for a council who will be able to clarify the position and the data protection aspects.

Shelter is a housing advice charity that will give you free expert advice on your rights (they don't involve themselves in direct HB issues though).

thorsoak

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 upset about the fact that you ARE receiving housing benefit from the public purse, but are not paying the landlord - therefore you are using public funds fraudulently.

BigAunty

Genieee wrote: »

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.

You are right - it isn't considered a criminal matter for a benefit claimant who receives HB to spend it on things other than their rent so there is no risk of prosecution by the police/through the courts for this.

Fraud relating to HB when investigated by the local council, Police, Criminal Prosecution service is about lying on the form and not notifying the council of changes in circumstances, such as concealing income and capital that would affect the claim, not living at the address claimed for, etc.

It is a breach of your contract, a civil matter, that you are in rent arrears and typically a landlord (or their agent) will address this by using the court processes for eviction and to give the tenant a CCJ if they fail to pay the judgement if it is made in their favour.

pudzy

Hi folks, I work in Housing Benefit and can confirm that even if you asked the LA not to contact your landlord, once you reach 8 weeks arrears with your rent, they can and will make contact with them to arrange payment direct. The primary purpose of this is to avoid situations like the one the OP finds themselves in with arrears and to avoid unecessary evictions.

The LA does this as they are under a statutory duty to provide accomodation for homeless persons (i.e those evicted for not paying the HB received onto their landlord!), and thus avoid more cost to the public purse.

In terms of commiting fraud for HB unless you have either failed to declare the correct information on your application forms OR have failed to report a change in circumstances to the LA then the answer to that is no, you haven't.

poppasmurf_bewdley

Maybe, if you are not paying your rent, then the Council would be entitled to stop your Housing Benefit. After all, you are making a claim for something you are not paying, which in my mind is fraudulent.

Housing_Benefit_Officer

poppasmurf_bewdley wrote: »

Maybe, if you are not paying your rent, then the Council would be entitled to stop your Housing Benefit. After all, you are making a claim for something you are not paying, which in my mind is fraudulent.

No fraud - you can spend your Housing Benefit on what you want. The contract is between Landlord and Tenant not Landlord and Council. You can pay your rent from your wages, savings or other benefits.

flea72

Maybe the LL doesnt think you are fraudulantly claiming HB, but that under the terms of your agreement, you have not declared you are claiming it. Ie you have provided fraudulant information, so as to obtain/retain the tenancy agreement

How long have you been claiming HB if you are 8wks in areas?