Does landlord have to declare rental income to council?

sunshine124

Hi guys i have two thread currently on this board, but i feel i wanted this as a seperate question. I am going tot rent from a private landlord and do not have any documentation to say that i am renting.

Does the landlord have to declare to the council that he is renting the house? I am thinking to apply for Local Housing Allowance, but am worried whether the landlord has declared that they are renting.

sorry for asking a stupid question but i am new to all this.

many thanks for your replies

Edinburghlass_2

You will need a letter from the landlord saying how much rent you are paying and if it is furnished or not.

sunshine124

thanks for your reply. But what if the landlord refuses to give the letter, then does that mean i cannot apply for LHA?

Edinburghlass_2

That may well be the case, I don't know.

[Deleted User]

sunshine124 wrote: »

thanks for your reply. But what if the landlord refuses to give the letter, then does that mean i cannot apply for LHA?

i`d be very surprised if you could,after all the council will need proof of the fact that you are renting and how much rent you are paying and for what,also isnt it still the case that you need a lease and or a rent book?

sunshine124

I don't have a rent book at the moment, but the landlord did say that i will have to pay the council tax and all the utility bills. What should i do now?

Edinburghlass_2

First you need to find out if you will get any housing benefit based on the rent you are paying etc then you need to ask the landlord if he will give you a letter. Not all landlords will want people who are claiming HB, I don't know the legal position on them refusing you, but provided you get the HB paid to you and then you pay the landlord the rent they should be okay with that.

Conor_3

sunshine124 wrote: »

I don't have a rent book at the moment, but the landlord did say that i will have to pay the council tax and all the utility bills. What should i do now?

Is the landlord still living in the place you're renting? My bro just had a case at his work where a tenant was claiming CTB even though the landlord who was in fulltime employment was living there. This had gone on for several years and several tenants.

tbs624

Even where there is no formal written Tenancy Agreement a LL must provide the following info to you in writing if you request it: the start date of your Tenancy, the length of any Fixed Term (how long the Tenancy is for), the amount of the rent payable and when it becomes due , plus any rent review arrangements. ( It’s a criminal offence to not provide the info within 28days of the request being made)

You are also entitled to know the LLs name and an address at which rent may be paid/notices received. ( must be given within 21 days of request)

If you pay your rent weekly the LL has to provide you with a Rent Book.

If you are renting for a Fixed Term of 3 years + you are legally entitled to a written TA.

If you need help sorting it out contact the Tenancy Relations Officer (TRO) on the Private Sector Team in the council’s housing dept - they can help with all matters between LLs and Tenants and their advice is free.


Edit: your LL has to also comply with all sorts of legislation on gas safety certificates, having proper insurance etc ( also has to declare rental income to HMRC) and he should register any deposit you pay with one of the three schemes. Have a look over on the House Buying, Selling, Renting board - do a forum search on deposits. Only has to register with the council if its a HMO ( House In Multiple Occupation) unless you are in Scotland, in which case he would have to be registered.

sunshine124

Hi conor, is that legal? and no the landlord is living somewhere else. The landlord is actually a friend of my dads so thats why i dont want to upset him by demanding all these things but I still feel that the LHA will help a great deal if i applied. My rent is £400 a month and it would help if i could get LHA.

tbs624

You will only be able to get LHA if you have the appropriate Tenancy details. Surely if he's a friend of your Dad's he'd do the right thing by you? ( especially since he has to by law) You also need to have the information for your own security in case there were any problems at a later date - it does happen.