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Can landlord ensure they receive the housing benefit?

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  • UKSBD
    UKSBD Posts: 842 Forumite
    Part of the Furniture 500 Posts Name Dropper
    UKSBD, are you the owner of uksmallbusinessdirectory website (co.uk)

    Yes
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,355 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Wait, so ... what exactly is the problem? Does your tenant not currently pay you their rent? That's the only reason I can see for this thread being legitimate.

    Part of their UC payment is the housing element, which will have been based on the tenancy agreement that they had to provide in order to receive the element. That agreement shows the amount you charge, which being under the maximum UC would pay is the amount UC actually pays for the housing element. The LHA is there to ... well actually I don't know what benefit it is, other than to prevent the state supporting sky-high private rent prices, but unfortunately it doesn't help tenants much when the market is what it is.

    If your tenant is not paying rent, I don't know what your rights are but presumably the prospect of otherwise being homeless is what stops most people from pocketing that part of their benefits! And if your tenant is paying their rent, this thread doesn't need to go any further.
  • UKSBD
    UKSBD Posts: 842 Forumite
    Part of the Furniture 500 Posts Name Dropper
    edited 18 March 2020 at 10:58PM
    Wait, so ... what exactly is the problem? Does your tenant not currently pay you their rent? That's the only reason I can see for this thread being legitimate.

    Part of their UC payment is the housing element, which will have been based on the tenancy agreement that they had to provide in order to receive the element. That agreement shows the amount you charge, which being under the maximum UC would pay is the amount UC actually pays for the housing element. The LHA is there to ... well actually I don't know what benefit it is, other than to prevent the state supporting sky-high private rent prices, but unfortunately it doesn't help tenants much when the market is what it is.

    If your tenant is not paying rent, I don't know what your rights are but presumably the prospect of otherwise being homeless is what stops most people from pocketing that part of their benefits! And if your tenant is paying their rent, this thread doesn't need to go any further.
    I'm planning for the worse, would rather have an idea how these things work if it does get to that.

    I've no idea if he even claims any benefits, he's a bit of a self employed odd-jobber, has been living there for 4 years+ and a few times has missed a payment but caught up later ( I did let him off a couple of months when he had an injury).

    From what I've been reading about the minimum income floor being paused, he would be eligible for UC now, not sure if he knows that yet, but if he is I would like to help him claim it (if he wants me to help him).

    If he does get it, I wouldn't be too chuffed to find out he had been given £500 specifically to pay his rent but didn't pass it on to me.

    Like I say, a bit hypothetical at the moment, but I'd like to know where I stand as I couldn't afford to let him have too many months off.
  • KatrinaWaves
    KatrinaWaves Posts: 2,944 Forumite
    1,000 Posts Second Anniversary Name Dropper
    The short answer is no, you cannot ensure it.

    People who get into particular arrears can request it, I believe, but one of the ideas behind UC was to get people into budgeting and a ‘salary’ type wage, rather than separate pots of cash coming in a different times. 

    But no, you cannot ensure it. No more than Santander can ensure I pay my mortgage from my wages. 
  • pramsay13
    pramsay13 Posts: 2,156 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    No, the government in their wisdom has decided that everyone needs to learn to handle their own money and to budget accordingly and to face the consequences of not doing so. 

    That means that all payments will go to the tenants and it is their responsibility to pay that to the landlord in due course.

    If there is an issue and the tenant has received money but not paid it to the landlord, the tenant or landlord can apply to have payments made directly to the landlord, but that money will still be owed and it will just be paid going forward.

    So you probably have to give your tenant the benefit of the doubt, but keep on top of things should they start to go south.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pramsay13 said:
    No, the government in their wisdom has decided that everyone needs to learn to handle their own money and to budget accordingly and to face the consequences of not doing so. 
    Although, as noted in my previous post, the Scottish government has amended the rules to make it easier to arrange direct payments.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • pramsay13
    pramsay13 Posts: 2,156 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    calcotti said:
    pramsay13 said:
    No, the government in their wisdom has decided that everyone needs to learn to handle their own money and to budget accordingly and to face the consequences of not doing so. 
    Although, as noted in my previous post, the Scottish government has amended the rules to make it easier to arrange direct payments.
    Do you have a source for that?
    My experience, albeit around 5 or 6 years ago, is that the tenant will be given the money in the first instance unless there are very extreme circumstances.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 March 2020 at 11:36PM
    pramsay13 said:
    calcotti said:
    pramsay13 said:
    No, the government in their wisdom has decided that everyone needs to learn to handle their own money and to budget accordingly and to face the consequences of not doing so. 
    Although, as noted in my previous post, the Scottish government has amended the rules to make it easier to arrange direct payments.
    Do you have a source for that?
    My experience, albeit around 5 or 6 years ago, is that the tenant will be given the money in the first instance unless there are very extreme circumstances.
    It was in 2017 Scottish government legislated for this (as well as for enabling UC to be paid in two instalments/month to assist claimant cash flow). See https://www.citizensadvice.org.uk/scotland/benefits/universal-credit/on-universal-credit/change-how-your-universal-credit-is-paid-in-scotland/
    http://www.legislation.gov.uk/ssi/2017/227/made
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • pramsay13
    pramsay13 Posts: 2,156 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    calcotti said:
    pramsay13 said:
    calcotti said:
    pramsay13 said:
    No, the government in their wisdom has decided that everyone needs to learn to handle their own money and to budget accordingly and to face the consequences of not doing so. 
    Although, as noted in my previous post, the Scottish government has amended the rules to make it easier to arrange direct payments.
    Do you have a source for that?
    My experience, albeit around 5 or 6 years ago, is that the tenant will be given the money in the first instance unless there are very extreme circumstances.
    I think it was in 2017 Scottish government legislated for this (as well as for enabling UC to be paid in two instalments/month to assist claimant cash flow). See https://www.citizensadvice.org.uk/scotland/benefits/universal-credit/on-universal-credit/change-how-your-universal-credit-is-paid-in-scotland/
    Handy to know, and long overdue.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 March 2020 at 11:50PM
    As a aside the Scottish welfare system is diverging from that south of the border. Scotland will become replacing DLA, PIP and AA with a new benefit called Disability Assistance and there is already a Carer’s Allowance Supplement.
    https://www.gov.scot/policies/social-security/
    That’s why I added a byline to my comments to make clear that generally my posts relate to England.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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