Discretionary Housing Payment Refund

FrillyTilly

post removed

ArtoDeeto

FrillyTilly wrote: »

She then proceeded to tell me about Universal Credit and how I would be entitled to some money back but how they would keep back the equivalent amount of one months rent payment for £380, as when Universal Credit rolls out rent accounts have to be paid a month in advance which is the norm for people paying their own rent.

FrillyTilly wrote: »

Now I would imagine I am entitled to claim this money back from my landlord, as I have been paying my ‘bedroom tax’ to them each month.

Oh my god - that is unbelievable blatant fraud. Is your landlord a one man band or a legitimate rent company? Basically your landlord is blatantly commiting FRAUD by both taking your personal payments and pocketing the Discretionary payment by using the excuse of a benefit that you don't have and may never get (Universal Credit).
Personally I would think about involving the police...

(PS: let us put aside if you got it back whether it should be paid back to the Discretionary Housing Benefit as that is a side issue)

nannytone_2

most HA's have it written into their tenancy agreements that rent should be paid 4 weekly in advance ( i know mine does)
they seem to make exceptions for those in receipt of housing benefit if the rent is paid directly to them and not to the tenant.
so strictly speaking, i would think that the |HA have the right to keep this money as it puts you in the position where you meet the conditions of your tenancy agreement.
the only suggestion i can make is that you dont pay your portion of rent due ( the bedroom tax) until your rent account is at a zero balance.
personally, i wouldnt do this as when UC finally comes in, HB will be paid to the tenant and not the landlord ( some LA's are already doing this for social housing tenants) and so the HA could start proceedings to evict if you are not adhering to the terms of your contract ( as the HA#s will have no idea of those that receive HB and those that are just not paying their rent per the terms of the agreement

Lioness_Twinkletoes

It makes sense to be a month in advance with the rent. I am overpaying my monthly rent, to get in front.

lighting_up_the_chalice

If you've kept your rent account up to date, this payment will cover the bedroom tax for the NEXT 12 months, giving you more time to downsize and/or find employment. One less thing for you to worry about.

A credit card debt won't lose you the roof over your head, but rent arrears might.

help4help2013

which housing association is this?

lighting_up_the_chalice

ArtoDeeto wrote: »

Oh my god - that is unbelievable blatant fraud. Is your landlord a one man band or a legitimate rent company? Basically your landlord is blatantly commiting FRAUD by both taking your personal payments and pocketing the Discretionary payment by using the excuse of a benefit that you don't have and may never get (Universal Credit).
Personally I would think about involving the police...

Of course it's not fraud. The LL didn't apply for either HB or DHP, that was down to the tenant. From their point of view, there has been an over-payment on an ongoing agreement. The tenant is able to retrieve that over-payment by making underpayments (ie not covering the bedroom tax deduction) until the rent account is again clear.

There is no compulsion on the LL to return this overpayment while the rental liability continues. They are a housing provider, not a savings bank.