Housing Executive in NI

choyaa

Hi,

This is on behalf of a friend so apologies if I am not making complete sense, I simply have no experience of the benefit system in Northern Ireland.

A friend of mine lives in a house and has done so for many years during which time the rent has remained static. His contract now runs out and he wishes to sign a new long term one. The Landlord has said that due to the house running at too high of a loss especially due to rate rises over the past number of years he feels he will need to increase the house by £6 per week. I personally don’t feel that it’s out of order, however my friend advises that the will struggle to pay as the HE pay a fixed amount each month which hasn’t changed for the past number of years. My question is, can they approach the HE about getting their situation reviewed?


Thanks.

lazer

Its the same as housing benefit, the amount will not be increased, it is based on housing costs in the area


http://www.nidirect.gov.uk/housing-benefit-rate-relief

Tansy_1980

When you rent privately, the government sets a maximum amount of housing benefit that is payable. This maximum amount is based on the number of people in your household and the location of the property you are renting. The government sets the maximum housing benefit (or LHA rate) at the 30th percentile of rates in each market area, so someone in receipt of housing benefit will only ever be able to afford the properties in the lowest third of the market. You can see the LHA rates for different parts of NI on the Housing Executive's website.

If the rent is higher than the maximum amount of benefit payable, the tenant has to make up the difference out of his or her own pocket either from their wages, if they are working, or from their other benefits. You can sometimes get a bit of extra housing benefit by applying for a discretionary housing payment and I would suggest that your friend should try this. As this is a discretionary award your friend isn't entitled to it and will need to make a good case explaining how he would be in financial hardship, and potentially face eviction and homelessness, if he didn't get this payment.

If he's not sure how to do this tell him to give Housing Rights a call who can help him fill in the application form.

Tansy_1980

Your friend should also check if the landlord has a mortgage on the property. A mortgage on a rental property should either be a Buy to Let mortgage or a residential mortgage where the lender has specifically given the borrower permission to let. Both types of mortgage will usually come with conditions barring tenancies of longer than 12 months. In the event that the property was repossessed, if your friend had a 3 year tenancy agreement it would be invalid if it was in breach of the terms and conditions of the mortgage and the new landlord (the bank or receiver) would not have to honour the agreement. Of course, if the property is owned outright by the landlord then both landlord and tenant are free to agree the terms of any long term contract. But, it's legally binding on both parties so your friend may want to argue for a break clause in case his circumstances change and he wants to leave before the term on the agreement is up.

Risteard

lazer wrote: »

Its the same as housing benefit

It is Housing Benefit, however in the Six Counties Housing Benefit is administered by the Housing Executive.

Tansy_1980

I think the second poster thought that the original poster was talking about rate relief, which is slightly different from housing benefit, but only in so much that it has slightly more generous means testing. Rates relief is still administered by NIHE for tenants and will be calculated as part of your HB claim if you have ticked that you are responsible for payment of rates, but is administered by LPS for homeowners.

choyaa

Tansy_1980 wrote: »

Your friend should also check if the landlord has a mortgage on the property. A mortgage on a rental property should either be a Buy to Let mortgage or a residential mortgage where the lender has specifically given the borrower permission to let. Both types of mortgage will usually come with conditions barring tenancies of longer than 12 months. In the event that the property was repossessed, if your friend had a 3 year tenancy agreement it would be invalid if it was in breach of the terms and conditions of the mortgage and the new landlord (the bank or receiver) would not have to honour the agreement. Of course, if the property is owned outright by the landlord then both landlord and tenant are free to agree the terms of any long term contract. But, it's legally binding on both parties so your friend may want to argue for a break clause in case his circumstances change and he wants to leave before the term on the agreement is up.

It is mortgaged but quite closed to completion as far as he is aware.


My friend has done and is doing a bit of work to the house and is not keen to move on for at least five years.

Old_Git

choyaa wrote: »

Hi,

This is on behalf of a friend so apologies if I am not making complete sense, I simply have no experience of the benefit system in Northern Ireland.

A friend of mine lives in a house and has done so for many years during which time the rent has remained static. His contract now runs out and he wishes to sign a new long term one. The Landlord has said that due to the house running at too high of a loss especially due to rate rises over the past number of years he feels he will need to increase the house by £6 per week. I personally don’t feel that it’s out of order, however my friend advises that the will struggle to pay as the HE pay a fixed amount each month which hasn’t changed for the past number of years. My question is, can they approach the HE about getting their situation reviewed?


Thanks.

The tenant needs to get the £6 per week increase in writing .Then approach NIHE .If they havent already received a discretionary payment they can apply for that .