Housing benefit tenants not forwarding rent to LL
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gadgets110
Posts: 12 Forumite
Hi
We find ourselves in this situation. The dss tenant in our property is not forwarding rent to us that they receive from the council.
What are our options in dealing with this tenant?
Many thanks.
We find ourselves in this situation. The dss tenant in our property is not forwarding rent to us that they receive from the council.
What are our options in dealing with this tenant?
Many thanks.
0
Comments
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How far in arrears are they?0
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gadgets110 wrote: »Hi
We find ourselves in this situation. The dss tenant in our property is not forwarding rent to us that they receive from the council.
What are our options in dealing with this tenant?
Many thanks.
Hi
You can approach the council to ask for direct payments - they should do this if they believe that the tenant is not likely to pass on the benefit in the rent paid.
If the arrears go beyond 2 months then you would have grounds to seek possession and to go to the county court for an order.
Hope this helps“Official CAB Representative
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WARNING
if the LL receives the payment direct and it subsequently turns out the the tenant has overclaimed HB (eg through fraud) then the council will recover the money direct from the LL and he has no defence against this. The LL will then be left on his own to sue a tenant who has no money to start with. Receiving the rent direct is not without its own risks!
http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/rr2-a-guide-to-housing-benefit/how-your-benefit-is-paid/
HB Payments direct to the landlord [HB Regs 95-96]
The council may pay your rent allowance direct to your landlord if you ask for or agree to this. The council may also make payments directly to your landlord without your permission if:- it thinks that it would be in your best interest to do so
- or you have left your home and there are rent arrears (the arrears can then also be paid directly to the landlord).
The council may also refuse or terminate direct payments where it considers that your landlord is not ‘fit and proper’ to receive such payments.
Payment of Local Housing Allowance
If a tenant receives Local Housing Allowance they are no longer able to choose to have payment made to the landlord. However, if the local authority thinks the tenant is unlikley to pay the rent or is unable to cope with this responsibility, they can make payment to the landlord. As now, payment will be made to the landlord if the tenant has built up eight weeks of arrears.CAB_Wyre_Forest_representative wrote: »If the [STRIKE]arrears [/STRIKE] amount due goes beyond 2 months unpaid then you would have grounds to seek possession and to go to the county court for an order.0
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