Landord seems not to understand LHA payments

Marisco

missbiggles1 wrote: »

As you seem to have a certain amount of money behind you, why don't you separate the 4 weekly LHA and monthly rent entirely and pay your LL from your own account and have the LHA paid directly to you?

This isn't an option open to all claimants but would make your life simpler and enable you to live more tranquilly.

Exactly what I was thinking! When I moved to my first flat here, I had to claim HB (as it was then it would be LHA now) I paid the deposit, first months rent, and then got the HB sent to me. It took weeks (lost forms etc yeah right!!) to get the HB sorted out, but I just paid my LL on the same date every month. The HB just went into my a/c every fortnight and I just kept it until the rent due date. I had a rent book that the LL (or agent) signed every month, so I don't really understand the problem.

Viberduo

Marisco wrote: »

Exactly what I was thinking! When I moved to my first flat here, I had to claim HB (as it was then it would be LHA now) I paid the deposit, first months rent, and then got the HB sent to me. It took weeks (lost forms etc yeah right!!) to get the HB sorted out, but I just paid my LL on the same date every month. The HB just went into my a/c every fortnight and I just kept it until the rent due date. I had a rent book that the LL (or agent) signed every month, so I don't really understand the problem.

I can see why you don't but at the same time the date paid is NOT the actual issue here its the fact that rent due and rent paid is different dates,

Landlord seems to think that when council pays the rent next week I will still be in arrears when in fact when council pays I will be in credit.

You also have to realise originally there was confusion on my end due to LL wording everything badly which could of been intentional i.e I told them I was on benefits, I was happy to pay 2 months upfront and that rent took about 6 weeks to assess so when it was finally assessed the first payment from them will be due at same time 3rd months rent was due.

And every time I have queried something they have never answered a question, i.e I asked in relation to the 2 months rent was the 2nd months rent counted as rent in advance, a deposit, did it cover the final 2 months of tenancy and the only reply was "rent is due 2 months in advance" not answering anything else I asked just as they say I owe a top up because council pays in arrears not taking into account that despite council paying in arrears I paid 2 months in advance out of my own pocket when I moved in so there is no arrears in that sense.

Its no use saying what you would do in that sense as that is the same as I would of done if landlord told me they were not willing to wait for LHA but as they were willing I thought that was end of it, but they then asked me to pay them top up despite the extra overpayment last month covering it for a few months worth(you can interpret that as either rent due on the 2nd was £133 short so that was what is due OR if the LL waited till council paid the money I had £142 overpaid last month that will cover the £20 top up for a few months.

I think the best situation is to just get it paid direct to me and apply for the extra so when I get that I can either get it paid to LL meaning it will be a few days late still or wait a few months and cover it myself for about a week a month until the payment date overtakes when its due then get it changed to LL

BigAunty

Viberduo wrote: »

Cut that down a little to the main points, rent is £275 PCM, I paid £550 when I moved in but since I moved in LL has been wording everything they say to me in a way that does not answer the question, i.e I asked if there was a deposit, one member of staff told me it was 1 months rent in advance plus 1 month for deposit, other said as I am on benefits its just 2 months in advance

How can you be confident that you are 2 months in credit with your rent when it is not clear or not if they took a deposit or not? That's potentially a blackhole equivalent to one month's rent arrears? Or have I misunderstood this.

Would you feel comfortable receiving the HB directly and ensuring that by the 2nd of the month, the landlord received the £275 directly (which perhaps means you've got to pay it a few days before to clear unless you are both on the faster payments system)? Do you have the means to pay your rent due regardless of when the HB drops into your bank account or do you lack the means to do this?

Marisco

Have I got this right, as I'm totally confused here!! You paid 1months rent and a deposit (which equalled one month's rent) You thought you were paying 2 months rent and no deposit, is that right? And because the LHA took so long, they backdated it and paid it to the LL. But because you'd already paid 2 months rent, (8 weeks) and the backdated LHA took 6 weeks to sort, you reckon he owes you 2 weeks. So what your saying is, he's had 3.5 months rent, when he should only have had 3 months. Is that right?

tomtontom

tomtontom wrote: »

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.

See above. In the other thread the OP says they 'always have to be 2 months in advance'. Hence if they have lived there for two months now but have paid two months plus six weeks rent, they'll be 2.5 weeks in arrears.

It isn't complicated, but the OP is certainly making it seem so!

Viberduo

Marisco wrote: »

Have I got this right, as I'm totally confused here!! You paid 1months rent and a deposit (which equalled one month's rent) You thought you were paying 2 months rent and no deposit, is that right? And because the LHA took so long, they backdated it and paid it to the LL. But because you'd already paid 2 months rent, (8 weeks) and the backdated LHA took 6 weeks to sort, you reckon he owes you 2 weeks. So what your saying is, he's had 3.5 months rent, when he should only have had 3 months. Is that right?

I paid 2 months in advance, no deposit was asked for and such was not protected, I thought that the 2 month rent in advance was a one off and after that it was monthly due(still havent looked at contract to double check as put it somewhere in kitchen cupboard) so I paid 2 months rent, council paid backdated money which covered a 3rd months rent and also £142 towards the 4th months rent.

Month 4's rent is due and of the £275 owed £142 has already been paid leaving a balance of £133, council will pay about £250 next week but somehow LL still seems to think that once that £250 is paid I will owe them the £20 arrears the council is short by.

That is confusing for everyone since they seem to think that since the council doesnt pay the full amount then I owe £20 per month instantly despite the fact last month they were overpaid by £142 they say they were not overpaid £142 as its paid in arrears.

So yes to the fact they have so far been paid 3 months full rent and about 2 and a third weeks of the rent due on the 2nd August leaving the rest of the month to be paid.

BigAunty wrote: »

How can you be confident that you are 2 months in credit with your rent when it is not clear or not if they took a deposit or not? That's potentially a blackhole equivalent to one month's rent arrears? Or have I misunderstood this.

They have said its not a deposit clearly to me but not clarified much else apart from the fact that 2 months rent must always be paid in advance so on the 2nd August to be up to date rent must be paid for August and September in advance.

They have also said, back in July I got a phone call they said £275 rent was due per month so a payment in July was due so either way up to now June July and August has been paid for and £142 towards Septembers rent so £133 is due to cover Septembers rent that is what is owed, but LL is saying payment from council which will be about £250 will mean I owe them the £20 arrears(which to me should be £25 and since they have £142 already in I will actually have more than that paid.

For everyone to cut it down, rent due £275 a month

£550 paid on 2nd June
£417 paid on 18th July meaning total rent paid so far is £967 when rent owed at the date would of been £825 leaving a extra balance of £142

On 2nd August another £275 was due so total rent due to be paid to LL at this point over the period of living there would be £1100 so £1100 - £967 leaves a balance of £133 due to be paid.

Council will pay about £250 next week so as of next week I will again have paid more than is owed yet LL still seems to think at the point I will be in arrears.

Rent due for June to August is £825 leaving £142

tomtontom

Viberduo wrote: »

Apologies if confusing I am mildly autistic

Situation is moved to property 3rd June, paid 2 months in advance I did assume that covered me to 3rd August but about the 8th July got phone call from LL saying I owed arrears! turns out I always have to be 2 months in advance.

Did the landlord say this or not?

Viberduo

tomtontom wrote: »

Did the landlord say this or not?

This is copy of correspondance by email

ME to LL

Hi sorry to bother you, just wanted a little clarification on the 2 months in advance thing so I can pay whatever I owe today, is it a deposit or not just confused as it was called 2 months in advance and not a deposit but since I am told I am in arrears because the 1 month doesnt count its confusing.

Response from LL

You were charged two month's rent in advance when you signed the lease totalling £550. You paid £100 on 30/5, and £450 0n 3/6. You were therefore required to pay your next rent on 3 July and monthly thereafter

missbiggles1

Isn't this all detailed on your lease?

GirlFromMars_2

Viberduo wrote: »

This is copy of correspondance by email

ME to LL

Hi sorry to bother you, just wanted a little clarification on the 2 months in advance thing so I can pay whatever I owe today, is it a deposit or not just confused as it was called 2 months in advance and not a deposit but since I am told I am in arrears because the 1 month doesnt count its confusing.

Response from LL

You were charged two month's rent in advance when you signed the lease totalling £550. You paid £100 on 30/5, and £450 0n 3/6. You were therefore required to pay your next rent on 3 July and monthly thereafter

For everyone to cut it down, rent due £275 a month

£550 paid on 2nd June
£417 paid on 18th July meaning total rent paid so far is £967 when rent owed at the date would of been £825 leaving a extra balance of £142

On 2nd August another £275 was due so total rent due to be paid to LL at this point over the period of living there would be £1100 so £1100 - £967 leaves a balance of £133 due to be paid.

Council will pay about £250 next week so as of next week I will again have paid more than is owed yet LL still seems to think at the point I will be in arrears.

Rent due for June to August is £825 leaving £142

Seems like you are behind?

3rd June
Owed £550 - Paid £550

3rd July
Owed £275 - Paid Nothing.

18th July

Still Owe £275 (and any late fee?) - Paid £417
Credit = £142

3rd August

Owe = £133 - Paid Nothing.


It is up to you to pay your rent on time to the landlord. It doesn't matter to them that your LHA will pay part of next month's rent early, what they are worried about is that you are paying part of this months rent late.

Seems like you would be much better off having the LHA going into your bank account and paying the landlord yourself.

As the LHA is paid every 28 days and you pay rent monthly you are always going to be out of sync, and are always going to have a random amount to make up at the beginning of the month (well until the LHA catches up).

Surely it would be better for both you and the landlord if you each had one payment going in and another going out each month? ... especially as affording the rent doesn't appear to be the problem, you only seem to have a problem with the LHA not paying it on time.