Landlords and Housing Benefit

bujin

Another thought is, what if I acted as a Guarantor and paid the Landlord directly, surely there are tenants where Mum and Dad are footing the bill.?

I know technically she'd still be a Benefit claimant but what if the Contract was with me does that make any difference?

New_User

bujin wrote: »

Thanks for this might come in handy in the future.

You may find the reasons a LL declines LHA tenants interesting...


...but it is the LL's decision. So it doesn't really matter what his reasons are. He doesn't have to justify his policy to anyone.


Some LLs only accept LHA tenants with a guarantor.
Do you own your own property and have a regular income?
If so, that could be the best option...

silvercar

Here are the guidelines for non- students sharing with students.

https://www.sheffield.gov.uk/council-tax/students/who-pays.html

Eventually the council will catch up with the non student and they face a bill. Better to get it sorted early than find you have a bill after the council match the exemption list from the university with the list of residents. Failure to pay council tax can lead to court.

theartfullodger

New_User wrote: »

You may find the reasons a LL declines LHA tenants interesting...


...but it is the LL's decision. So it doesn't really matter what his reasons are. He doesn't have to justify his policy to anyone. ..

Oh yes his reasons do matter & he may need to justify his policy: He can't discriminate unlawfully (eg refuse to rent to Gypsies..or anyone English...) but lawful discrimination is acceptable: For example I discriminate in favour of those I have evidence for being likely to pay up & not damage the place...(from full credit & reference checks, not 100% guaranteed I agree...)

bujin

silvercar wrote: »

Here are the guidelines for non- students sharing with students.

https://www.sheffield.gov.uk/council-tax/students/who-pays.html

Eventually the council will catch up with the non student and they face a bill. Better to get it sorted early than find you have a bill after the council match the exemption list from the university with the list of residents. Failure to pay council tax can lead to court.

This sort of response is scaremongering and unhelpful, I haven't stated a concern about her payment or non payment of Council Tax. I am well aware that non payment can lead to Court. You are acting as though she's dodging the issue. She is doing no such thing. She has applied for Council Tax help so she can hardly be said to be dodging the issue. She fully expects to pay Council Tax. If she finds there's been a mistake ie the Council thinks it's 4 students living in the house, it's not her mistake but we would be the one's to rectify it. I would help her inform the Council of such and they will amend it.

I have stated that I don't know what the Landlord thinks her position is. My daughter's not going to go to Court if the Landlord failed to establish the Tenants situation. Particularly a young girl with Mental Health Issues, for which she's under the Mental Health Team.

pmlindyloo

Let's go back to the original question.

Your daughter has to prove that she has a liability for rent to be able to receive HB.

This would be either a tenancy agreement or a letter from the LL. In your daughter's case she needs to ask them to accept the copy of the agreement as proof of liability as she does not want the LL to know she is receiving HB. (they may ask her to put this in writing). It is really not necessary for them to see the original.

From what you have said all the tenants have separate contracts. This means that they are liable for the council tax. The three students should have shown their council exemption certificates to the council.

Your daughter needs to look at her tenancy agreement and check whether it says that the rent includes council tax. She should also check to see whether there is a clause in her tenancy agreement that states that she signs this on condition that she continues as a student during her tenancy agreement.

45002

bujin wrote: »

The landlord didn't take out any employer references.Ordinairily my daughter hasn't had her rent paid directly to the Landlord. In fact you can tell the HB that you don't give them permission to contact your landlord.

My daughter livesin the house with 3 students, so I don't know if the landlord presumed she wa sone, but she hasn't ever been asked and there's nothing in the contract.

With all the problems with mortgage,insurance etc is that documented anywhere that I can access, for example if it affects the Insurance I can't find anything on that.

Just to pick up on the bold type I highlighted .

While I can fully understand why a tenant would not want a LL to know they want to claim HB/CT..

You cannot tell the housing benefit department, they don't have your permission to contact LL/Agent...

HB/CT dept have a duty to protect tax payers money and do have the right to contact a LL/Agent if they need to, a tenant cannot stop this for what ever reason.

On page 28, part 12 of the HB form below
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/255776/hctb1_print.pdf

You have to supply name and address of the landlord or Agent, If you don't they can and do refuse a claim...

Mrs_pbradley936

pmlindyloo wrote: »

Let's go back to the original question.

Your daughter has to prove that she has a liability for rent to be able to receive HB.

This would be either a tenancy agreement or a letter from the LL. In your daughter's case she needs to ask them to accept the copy of the agreement as proof of liability as she does not want the LL to know she is receiving HB. (they may ask her to put this in writing). It is really not necessary for them to see the original.

From what you have said all the tenants have separate contracts. This means that they are liable for the council tax. The three students should have shown their council exemption certificates to the council.

Your daughter needs to look at her tenancy agreement and check whether it says that the rent includes council tax. She should also check to see whether there is a clause in her tenancy agreement that states that she signs this on condition that she continues as a student during her tenancy agreement.

It has been a long time since I had any dealings with students and housing BUT when my son was a student the whole dwelling had to be occupied by students to get an exemption from Council Tax. It was never the case that being a student was an exemption in itself. If it was all those students staying at home whilst at university would be saving their parents a fortune!

pmlindyloo

Mrs_pbradley936 wrote: »

It has been a long time since I had any dealings with students and housing BUT when my son was a student the whole dwelling had to be occupied by students to get an exemption from Council Tax. It was never the case that being a student was an exemption in itself. If it was all those students staying at home whilst at university would be saving their parents a fortune!

To be eligible for an exemption you have to be liable for the council tax in the first place.

Often students in accommodation are in an HMO where the landlord has the council tax liability. Then he would get a 100% discount if they were all students and if only one was working then he would get a 25% discount.

Students living at home are not liable for Council Tax.

bujin

45002 wrote: »

Just to pick up on the bold type I highlighted .

While I can fully understand why a tenant would not want a LL to know they want to claim HB/CT..

You cannot tell the housing benefit department, they don't have your permission to contact LL/Agent...

HB/CT dept have a duty to protect tax payers money and do have the right to contact a LL/Agent if they need to, a tenant cannot stop this for what ever reason.

On page 28, part 12 of the HB form below
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/255776/hctb1_print.pdf



You have to supply name and address of the landlord or Agent, If you don't they can and do refuse a claim...

See in bold above. Actually that's exactly what you can do. I haven't said she hasn't supplied the Landlords details.She has given the name and address of the Landlord, where it asked for, but if you look further down the link you've given, it actually states that they need your permission to contact the Landlord and more over once given youcan withdraw permission at any time.