Landlord failed to inform tenant LHA increase

biggysmaller

My landlord was given full control to recieve my Housing Benefit (by my agreement) some years back. The rent was always more than the LHA and so I always paid the diffenece each and every month. However, over a year ago the LHA has increased the housing allowance and notified the landlord, however, he still requested and took the same amount of  top up rent for a whole year, or until I found out about the increase. Now that money comes from my disability allowance each month and so you can imagine my feelings about this. 
The landlord works closely with the local council housing acquisitions team and has a number of properties allocated through them for the venunerable in society.
To cut a long story short, was the landlord legally obliged to inform his  tenant of the housing benefit increase 12 months ago, and when he was informed by the council? 
So far he has been asked to return the sizeable sum of money he recieved in  overpayment to me, but has still fallen short of this, claiming that the council are wrong with thier calculations. 
As all Housing Benefit payments were paid to him directly and  his responsibility to manage. I want to know if by continuing to take the same top up payment from the tenant has an offence been committed such as Fraud by Abuse of Position, which is that the landlord did the following::

• failed to disclose information to another person 
• when he was under a legal duty to disclose that information 
• dishonestly intending, by that failure, to make a gain or cause a loss.

He is now threatening eviction because he now sees me as a problem tenant. 
Your advice would be useful until the local authority gets back to me. 

biggysmaller

You think that funny do you? That I was unable to look after my own financial affairs due to mental and physical disabilities. The responsibility to take the rent from the council was his agreement. Now what else do you find funny?... That I can type?

Comms69

biggysmaller said:

You think that funny do you? That I was unable to look after my own financial affairs due to mental and physical disabilities. The responsibility to take the rent from the council was his agreement. Now what else do you find funny?... That I can type?

He has no position to abuse, you have no claim on that basis. It's unclear if you would have a claim anyway; but lets assume you do.

That does not prevent your eviction. You will, eventually, be forced to leave. That is 6-12 months way though. 

If you wish to recover overpayment go to small claims court.

I think the 'funny' comment was that you are more concerned about punishing someone who provides housing for those who often struggle, than to taking responsibility for your own finances. That is nothing to do with the LHA; that is your top up payment, which is your responsibility, not the landlords. 

biggysmaller

I think it best to wait for the the local authority to reply to me. Yes, I should be grateful to a landlord who has ripped me off for the last year when he was in receipt of more money that he declared to me!!!
You are oxrrect, the top up rent was my responsibility. However, the receipt of housing benefit was his responsibility. 

Comms69

biggysmaller said:

I think it best to wait for the the local authority to reply to me. Yes, I should be grateful to a landlord who has ripped me off for the last year when he was in receipt of more money that he declared to me!!!
You are oxrrect, the top up rent was my responsibility. However, the receipt of housing benefit was his responsibility. 

The local authority has no say in this. 

As I said, you can claim this back via small claims court if you wish. However that will ultimately ensure you are evicted, in which case the cost of moving and finding new accomodation may well be more. It's not 'right', but sometimes you have to pick the battles. 

You are incorrect regarding responsibilty for the LHA payments, those are your responsibility also, the rent is always your responsibility. as such it's down to you to ensure that you are topping up the correct amount. 

I appreciate this isnt what you want to hear, but there's no malice intended, sometimes the cold hard truth is needed

HampshireH

Your benefits and payments are your responsibility not your landlords

If your council didnt send you the change in benefit paperwork for you to amend your standing order thats your responsibility to sort out

You should have stopped the DD or standing order and set up and adjustment or a new one.

If you werent notified then your problem should be with the benefit provider for failing to tell you.

If you didn't  have capacity  to manage your finances you should have someone in place to do so.

Thats also not your landlords job.

biggysmaller

Well thank you. My biggest gripe is his threat to contact the housing acquisitions office (to rejome me) because I found out he was being paid more than I was aware. Now., this guy is typical pension landlord with little regard for his properties, and so prefers to have vulnerable tenants as guaranteed HB renters who complain very little.
My other concern is just how many others have no idea how much rent the council is paying for their properties against thier real rent. That at least should be investigated. Personally his bully boy tactics don't work with me and I will certainly make the council aware of his attittude towards his vulnerable tenants. And let's not pretend that he was do me a favour by housing me here. He was certainly checking his accounts every single month and requesting the same amount of top up rent, so he knew exactly what he was doing. And morally that type of thing does not sit right with me one bit. 

greatcrested

It is your responsibility to pay the rent agreed. It is not the LL's responsibility to either request it, demand it, or otherwise interfer with the payment, unless or until there are rent arrears.

The amount paid by a thrid party to the LL on your behalf (LHA whatever that is) is  matter between you and the 3rd party (council?). If you are claiming a benefit, then that is a matter between you and the paying authority, and you should know howmuch you are claiming and receiving, even if the actual payment goes elsewhere (ie to the landlord).

I want to know if by continuing to take the same top up payment from the tenant has an offence been committed such as Fraud by Abuse of Position, which is that the landlord did the following::

• failed to disclose information to another person 
• when he was under a legal duty to disclose that information 
• dishonestly intending, by that failure, to make a gain or cause a loss.

* No

* ? Was he? Please quote the source for this claim

* you have no idea of his intent

was the landlord legally obliged to inform his  tenant of the housing benefit increase 12 months ago, and when he was informed by the council?

I doubt i, but I'm sure the council was obliged to inform you. Did they?

he has been asked to return the sizeable sum of money he recieved in  overpayment to me, but has still fallen short of this, claiming that the council are wrong with thier calculations.

Asked by who? You?

You need to check the calculations.

* How much is your rent? (monthly/weekly whatever)

* how much is the Benefit payment? (monthly/weekly whatever)

* how much top up have you ben paying (monthly/weekly whatever)

csgohan4

biggysmaller said:

Well thank you. My biggest gripe is his threat to contact the housing acquisitions office (to rejome me) because I found out he was being paid more than I was aware. Now., this guy is typical pension landlord with little regard for his properties, and so prefers to have vulnerable tenants as guaranteed HB renters who complain very little.
-Subjective opinion because you had a problem with Payments which were not their fault


My other concern is just how many others have no idea how much rent the council is paying for their properties against thier real rent. That at least should be investigated.  
-That is your responsibility to ensure you pay the correct amount of rent

Personally his bully boy tactics don't work with me and I will certainly make the council aware of his attittude towards his vulnerable tenants. And let's not pretend that he was do me a favour by housing me here.
-Personal opinion and Council will do nothing

He was certainly checking his accounts every single month and requesting the same amount of top up rent, so he knew exactly what he was doing. And morally that type of thing does not sit right with me one bit. 
-Didn't know you could read minds and hack their computer to check
- Not everyone checks their accounts every day

Remind me again who's responsibility is it to claim the right benefits and pay the right amount? The LL certainly cannot apply for benefits on your behalf

Nothing stopping you going through a small claims court for overpaid rent, but as he is probably going to evict you, better find somewhere else to live as well. 

Bare in mind not easy to find a place taking benefits and more so with your reference should the LL give you one

45002

biggysmaller said:

My landlord was given full control to recieve my Housing Benefit (by my agreement) some years back. The rent was always more than the LHA and so I always paid the diffenece each and every month. However, over a year ago the LHA has increased the housing allowance and notified the landlord, however, he still requested and took the same amount of  top up rent for a whole year, or until I found out about the increase. Now that money comes from my disability allowance each month and so you can imagine my feelings about this. 
The landlord works closely with the local council housing acquisitions team and has a number of properties allocated through them for the venunerable in society.
To cut a long story short, was the landlord legally obliged to inform his  tenant of the housing benefit increase 12 months ago, and when he was informed by the council? 
So far he has been asked to return the sizeable sum of money he recieved in  overpayment to me, but has still fallen short of this, claiming that the council are wrong with thier calculations. 
As all Housing Benefit payments were paid to him directly and  his responsibility to manage. I want to know if by continuing to take the same top up payment from the tenant has an offence been committed such as Fraud by Abuse of Position, which is that the landlord did the following::

• failed to disclose information to another person 
• when he was under a legal duty to disclose that information 
• dishonestly intending, by that failure, to make a gain or cause a loss.

He is now threatening eviction because he now sees me as a problem tenant. 
Your advice would be useful until the local authority gets back to me. 

If HB is been paid direct to a LL.

Housing benefit dept have legal duty to write to Both Tenant and Landlord any changes in amount of housing benefits paid...

In the end, its Tenants responsibility for any benefit claims.

biggysmaller

It's the landlords responsibility to ensure that the housing benefits money, along with my contribution make up the sum of the legally required monthly rent. If he is aware what the there is an excess amount and not declaring it to either the tenant or the council the  I'm  afraid if will not bode well for his reputation with the councils acquisitions housing team. And if is makeing threats to evict vulnerable tenants because of overpayments then that will also not bode well for him with the council.  I don't need to go to court to claim the money back as the council requested he do so.