Rent shortfall puzzle?

gw23

My adult son (vulnerable - MS, Asperger's Learning Difficulties) is facing eviction as the landlord has defaulted on the mortgage and the lender is reposessing. He claims HB.

We are on top of all this but an anomaly has shown up - just would like to run this by here and get some opinions -

The owner of the propery (lives abroad) came to some sort of agreement that a relative of his would take on the role of landlord and be responsible for the property - rent, maintenance, liaising with agent - everything really. We only found out yesterday that this stand in landlord was not the acutal owner - his name is on the tenancy agreement. 

A few years ago when the rent went up my son's HB didn't cover the whole amount and he started paying the shortfall of £50 per month to this stand in landlord. It's just come to my notice that due to HB going up every year, and the rent remaining static, my son has been paying this £50 to the stand in landlord when in fact HB covers the whole amount (HB pays directly to landlord).

I suspect - though at this stage I can't prove - that the stand in landlord has just been pocketing this £50 a month - probably for about 3 years. 

Part of me wonders if that's why the rent hasn't gone up recently as my son is paying an extra £600 per year - but part of me wonders if this stand in landlord is just taking it for himself.

Any thoughts?

bazdvd

does he have receipts or a record (bank statements etc.) of his payments?

silvercar

A landlord can chose to use a family member to manage the property for them.

Really the tenant should ensure that the correct rent is paid, even if some of the money comes via benefits. Ask for a rent statement.

gw23

Yes he has a record of all the payments made. 

Thanks silvercar we'll ask for a rent statement.

Ratkin007

As above, ask for a rent statement. 
My understanding is that housing benefit is not automatically increased for private tenants, only council tenants and possibly housing assocation tenants.  Private tenants need to provide proof of rent increases, because the council would not know if the rent has increased or by how much. 
If it is housing benefit that is being paid, the council could also be contacted to check how what housing benefit has been paid.

HillStreetBlues

gw23 said:

My adult son (vulnerable - MS, Asperger's Learning Difficulties) is facing eviction as the landlord has defaulted on the mortgage and the lender is reposessing. He claims HB.

We are on top of all this but an anomaly has shown up - just would like to run this by here and get some opinions -

The owner of the propery (lives abroad) came to some sort of agreement that a relative of his would take on the role of landlord and be responsible for the property - rent, maintenance, liaising with agent - everything really. We only found out yesterday that this stand in landlord was not the acutal owner - his name is on the tenancy agreement. 

A few years ago when the rent went up my son's HB didn't cover the whole amount and he started paying the shortfall of £50 per month to this stand in landlord. It's just come to my notice that due to HB going up every year, and the rent remaining static, my son has been paying this £50 to the stand in landlord when in fact HB covers the whole amount (HB pays directly to landlord).

I suspect - though at this stage I can't prove - that the stand in landlord has just been pocketing this £50 a month - probably for about 3 years. 

Part of me wonders if that's why the rent hasn't gone up recently as my son is paying an extra £600 per year - but part of me wonders if this stand in landlord is just taking it for himself.

Any thoughts?

Did your son report the increase to the council? if he did then the council should be paying the Local Housing Allowance (LHA) rate (up to the current rent).
If he never then the council wouldn't know it's been increased.

Are you sure it's HB? and not the Housing Element of UC.