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Landlords and Housing Benefit
Comments
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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.
Thanks. This seems to have become a debate on Council Tax whenactually I'd wanted the original concern discussed. I knw it's relevant bt as said, we are applying for a Council Tax exemption so we can find out if they have the correct details during the claim. It's whether the HB are likely to accept the claim without the original, am calling them today.0 -
theartfullodger wrote: »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...)
I meant that the LL doesn't have to justify his reasons for not letting to LHA tenants.
I believe this is lawful discrimination....?0 -
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 you can withdraw permission at any time.
If you think you can stop HB/CT from contacting a LL full stop, your very much mistaken they have a duty to protect tax payers money...
They still contact a LL to see if the claimant does live at the address, confirm how much the rent is so on, to prevent fraudulent claims if they suspect anything ?
How on earth do you think fraudulent claims can be stopped, If they cant contact a LL.
Anyone could make a tenancy agreement up using Word !Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
Well they wouldn't bother asking to see a tenancy Agreement at all then if it's so easy to defraud the system, they'd simply contact the LL whilst checking everything else.If you think you can stop HB/CT from contacting a LL full stop, your very much mistaken they have a duty to protect tax payers money...
They still contact a LL to see if the claimant does live at the address, confirm how much the rent is so on, to prevent fraudulent claims if they suspect anything ?
How on earth do you think fraudulent claims can be stopped, If they cant contact a LL.
Anyone could make a tenancy agreement up using Word !
No you are mistaken they are allowed to contact the LL to confirm things like date you start renting, etc but they need your permission to talk about your claim and that's what's important here. I'm not mistaken in what's written on the application form. Are you saying that despite writing that they need your permission to contact ll's in respect of HB they are in fact lying and they do it anyway?
You've thrown in the "Tax Payer's" money twice now, could I just remind you that my daughter has been a tax payer until a couple of months ago.0 -
Well they wouldn't bother asking to see a tenancy Agreement at all then if it's so easy to defraud the system, they'd simply contact the LL whilst checking everything else.
No you are mistaken they are allowed to contact the LL to confirm things like date you start renting, etc but they need your permission to talk about your claim and that's what's important here. I'm not mistaken in what's written on the application form. Are you saying that despite writing that they need your permission to contact ll's in respect of HB they are in fact lying and they do it anyway?
You've thrown in the "Tax Payer's" money twice now, could I just remind you that my daughter has been a tax payer until a couple of months ago.
If they suspect a claim is fraudulent, carry out further investigation by contacting a landlord is one thing they can do or refuse to pay...Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
Could be interesting when the reason for the claim is based on her disability?
Good point - hadn't thought of that.
But there are a lot of "No DSS" adverts for lettings, so I'm presuming it is legal...
What about saying the original letting agreement has been lost / accidentally destroyed?0 -
On second thoughts, I would just tell the complete truth and offer to act as a guarantor and / or pay a few months rent in advance.
It will be a bit of a ball ache for LL, but maybe less than trying to evict your daughter. The LL will get the rent, after all...
Maybe try and meet him in person and explain the situation. Most people are reasonable and just want an easy life....0 -
If they suspect a claim is fraudulent, carry out further investigation by contacting a landlord is one thing they can do or refuse to pay...
Well that's actually not relevant then is it, we're not talking about a fraudulent claim. It's pretty obvious they'd contact the Landlord in the case of fraud, but we weren't debating that.
At the end of the day when it comes to HB Claims the claimant does have some rights to privacy.0 -
On second thoughts, I would just tell the complete truth and offer to act as a guarantor and / or pay a few months rent in advance.
It will be a bit of a ball ache for LL, but maybe less than trying to evict your daughter. The LL will get the rent, after all...
Maybe try and meet him in person and explain the situation. Most people are reasonable and just want an easy life....
I'm inclined to agree. Unfortunately it's very difficult trying to convince my daughter that everything will be ok when one, I can't really give her those assurances and two, she's struggling to get better on medications which leave her feeling like a zombie, she doesn't have the strength to do anything other than worry. Thanks for your input.0
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