Landord seems not to understand LHA payments

Viberduo

I paid 2 months out of my own pocket when I moved in, landlord wants it to always to be 2 months credit, I also applied for benefits when I moved in.

Since its paid in arrears council paid 6 weeks worth of rent meaning I was £142 in credit.

The issue occurs is that the rent is normally £20 a month short and they are telling me to pay this month by month, second I was telling them that its paid every 28 days and they somehow think its 28 days in ARREARS therefore I will always be a month in arrears, but since I paid out of my own pocket originally the only arrears with LL will be for about 12 days this month 9/10 days next month and eventually be paid early but landlord claims I am in arrears! I am trying to get landlord to understand that its not 28 days after rent is due but 28 days from last payment therefore it will catch up with day its due.

Added to that they demand the £20 per month despite being £142 in credit most of the month(apart from the 10 days or so this month) so eventually I will be building up credit and paying rent days before its due.

Some people may say just pay up but when I am £142 in credit I find it bad for the LL to want me to pay top up when I am in credit and will always be in credit at this rate and I am on benefits so every penny counts.

Caz3121

previous thread
https://forums.moneysavingexpert.com/discussion/5022310

tomtom256

What does your tenancy agreement say regarding payments, as that is the payment schedule you need to follow.

Viberduo

Caz3121 wrote: »

previous thread
https://forums.moneysavingexpert.com/discussion/5022310

Yes yes, thanks for link to it but a bit pointless as wanted to reword it and start again.

Viberduo

tomtom256 wrote: »

What does your tenancy agreement say regarding payments, as that is the payment schedule you need to follow.

All schedule says is rent is due on the 2nd of each month, which I have no issue actually doing as the only other way I can think to do it is get housing benefit paid to me and just pay on the 2nd out of my own pocket then when it comes through a few days later to just use that and in a few months, just means short term its awkward to me and defeats the purpose of them being paid direct.

pmlindyloo

Viberduo wrote: »

All schedule says is rent is due on the 2nd of each month, which I have no issue actually doing as the only other way I can think to do it is get housing benefit paid to me and just pay on the 2nd out of my own pocket then when it comes through a few days later to just use that and in a few months, just means short term its awkward to me and defeats the purpose of them being paid direct.

I suggest that you go to your local council and ask about this.

Some councils will actually pay HB monthly so this may be an option.

I understand what you are saying about your landlord thinking that you are in arrears because HB is paid in arrears so technically he is correct.

The problem is because you have paid 2 months in advance then you think you are in credit. Again, technically you are but because the way the landlord has apparently worded the tenancy agreement then you need to see this two months in advance as like a deposit. ie it doesn't pay for the rent - it is there in case you don't pay at the end of your tenancy if the landlord gives you the 2 months notice that by law he has to give you.

The good news is that when you leave you won't have to pay the last two months rent.

So forget about the 2 months rent you paid in advance.

Your problem is with the landlord being paid every 28 days when your rent is monthly.

As you realise this will sort itself out in the end but the landlord doesn't seem to understand this.

So, go to the council and ask them for some help. If they have a private tenancy advisor they may telephone the landlord and explain everything or, as I said, they may be able to pay him monthly.

What you must do is pay the top up every month on the agreed date.


When all said and done the landlord cannot serve you notice to leave because of this as long as the HB is just one month behind.

Viberduo

Thanks but I am not a month in arrears as such since when I paid 2 months in advance, 6 weeks after that council paid LL £417 so once £275 for the calendar month was deducted it left £142 so rent was not due again until the 2nd August(so its currently late) so until the council pays the rent I will be £133 in arrears(so I currently have a month and half paid up instead of 2 months so not a month in arrears)

So at the moment rent was due on 2nd August but since there was extra paid last month it means rent due for this month is only £133 that will cover until 2nd September(and means its 2 months in advance still) Council will pay on the 18th of this month meaning on the 18th I will be in credit with LL for 2 months plus have about £120 extra as well

[Deleted User]

I am afraid you're thinking is a bit cockeyed. When I moved into my property I had to pay one month's rent as deposit and one month in advance. So I paid two month's rent but on day of moving in, was only 1 month in advance. The deposit money is kept in a seperate pot.., it doesn't count as rent. I have to pay every calendar month on the day I moved in, regardless of when the council pays me LHA. So I have to top up any shortfall. I too get paid every 28 days (in fact i get paid every 14 so there are two payments each month roughly). This means that most months i get two payments but there are two months when I get three.., which is when it all evens out. If you get your LHA every 28 days, there will be one month when you get two LHA payments instead of one (you will get 13 payments a year instead of 12).


It took my council 6 weeks to process my LHA claim too, but I made sure I had the second months LHA in the bank before moving in so was covered.

Like most private tenants, there is nothing that can be done about this. LL's expect their payments on the same payment date every calendar month. They don't work on 28 day months. Like most renters, you will have to top up, but it will even out eventually.

Its just the way it works. I was just glad to have a place for me and my children to sleep. Perhaps you should be too. Your LL isn't interested in how your rent is paid or when, he/she just wants x amount per month on the same day each month. If you keep trying to argue the injustice of the system (which I agree it is in a way) you may find yourself regarded as an unreliable tenant who struggles to pay the rent because of the way its paid by the local authority and find your tenancy isn't renewed. Benefit recipient tenants have enough problems finding somewhere to live as it is!

tomtontom

Viberduo wrote: »

I was telling them that its paid every 28 days and they somehow think its 28 days in ARREARS therefore I will always be a month in arrears, but since I paid out of my own pocket originally the only arrears with LL will be for about 12 days this month 9/10 days next month and eventually be paid early but landlord claims I am in arrears! I am trying to get landlord to understand that its not 28 days after rent is due but 28 days from last payment therefore it will catch up with day its due

LHA is paid in arrears. You seem to be getting confused because of the two month advance payment, ignore that as it is only relevant at the end of the term.

If you moved in on June 2nd, and LHA was paid six weeks later, then you owe the £20 excess for the first month immediately. Then a further payment will be due just over two weeks later, which will put you in arrears until your next LHA payment.

Is the landlord happy to be paid monthly in arrears? If not, then you owe a full month plus the above.

terra_ferma

pmlindyloo wrote: »

It is necessary to be so rude?

You can make your point without calling people names.

you beat me to it

Nada666

pmlindyloo wrote: »

It is necessary to be so rude?

You can make your point without calling people names.

I think you quoted the wrong post.