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  • Dunroamin
    • #2
    • 25th Nov 12, 5:43 PM
    • #2
    • 25th Nov 12, 5:43 PM
    How far in arrears are they?
  • CAB Wyre Forest representative
    • #3
    • 26th Nov 12, 10:11 AM
    • #3
    • 26th Nov 12, 10:11 AM
    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.
    Originally posted by gadgets110
    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
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
    • 00ec25
    • By 00ec25 27th Nov 12, 7:44 PM
    • 8,415 Posts
    • 8,272 Thanks
    00ec25
    • #4
    • 27th Nov 12, 7:44 PM
    • #4
    • 27th Nov 12, 7:44 PM
    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).
    If you have rent arrears of 8 weeks or more the council must pay your rent allowance directly to your 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.

    If the arrears 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.
    Originally posted by CAB Wyre Forest representative
    A LL can commence Section 8 proceedings on Ground 8 as soon as there is 2 months owing, not 2 months arrears, ie 1 month is in arrears and the current month due on say 1st of the month has not been paid by say the 2nd of the month then the LL can start a S8 on say the 3rd of the month as it is then 2 months owing
    Last edited by 00ec25; 27-11-2012 at 11:18 PM.
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