How To Request Payment Direct?

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    How To Request Payment Direct?

    I am in the process of evicting some tenants and as I suspected as soon as I issued notice, they stopped paying rent. Rent is due monthly in advance.

    I'm not 100% certain, but I think part of their rent is made by Housing Benefit. Assuming Tenants don't pay the monthly rent again on the next due date (about 3 weeks time), does this equate to the 8 week time period where I can ask the Council to pay the HB direct to myself?

    Many thanks
    Claymore

    #2
    Yes, it does. Good luck with getting your council to cooperate with you though.

    Comment


      #3
      start a MCoL immediately !!! from your post it seems as though the eviction was not as a result of non payment of rent, so go down the MCoL route, where your tenants get their money from is irrelevant if they fail to agree or the council drags their feet.

      a formal letter instigating the MCoL process may encourage them to consider the consequences. everything is explained on the website !

      Comment


        #4
        Is there any point in doing an MCoL at the moment? I think they might ignore it, they are likely not to pay until they leave. Would I be able to do one now and then another later if need be?

        Comment


          #5
          I don't see why not, though someone else may know better??

          ive only ever started the process once, it was enough to get full payment within 10 days, without going through the full process. I don't know whether my formal letter outlining the issue and potential outcome, stating this was the initial stage as required under the process actually did anything, but I'm sure they got the message that I would chase them for any outstanding money. since then they've always paid in full on the due date.

          Comment


            #6
            Suggest you contact YOUR council and ask them what their process is. Different councils do it in different ways.

            e.g.
            https://www.bracknell-forest.gov.uk/...tion-landlords
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Morning Claymore,

              Write to the Council seeking redirection of any future Housing Benefit payments on the basis (a) rent arrears stand at 8 weeks or more in arrears. The 8 weeks arrears test is calculated by looking at each date of liability, not how Councils pay 4 weekly in arrears; b) If the tenant is not yet 8 weeks or more in arrears, you can still seek redirection on the basis he/she has already misused earlier payments by not paying the rent, creating a probability they're likely to repeat this.

              When you make written application for redirection you have rights. The council MUST respond by either agreeing to your request or refuse but explain why, creating your right to appeal the decision. In this situation the council should suspend payment of any further HB awards until the matter has been determined by a tribunal. Thankfully, most cases never need to be referred. The threat of a tribunal usually does the trick.

              UC Advice & Advocacy Ltd
              www.ucadvice.co.uk

              Comment


                #8
                Please forgive the newbie question, I'm still learning.
                MCoL = ???

                Comment


                  #9
                  Originally posted by __chris__ View Post
                  Please forgive the newbie question, I'm still learning.
                  MCoL = ???
                  It's a Scottish Internet service provider.

                  Comment


                    #10
                    Depending on where the property is, and when the tenants claimed help with housing costs, then it may not be Housing Benefit that they are claiming.
                    It may be Universal Credit housing element, from the DWP.

                    You can still get direct payment, but of course you have to deal with the DWP and not the Council.
                    https://www.gov.uk/government/public...-for-landlords

                    So you need to find out what they are claiming, if anything.

                    TBH, you say you are not sure if they are claiming - If they were claiming anything then you would usually have been contacted to confirm that they were renting from you and to confirm the rent payable.

                    Comment

                    Latest Activity

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                    • Thinking aloud...
                      Moy
                      I've been reading the posts on this forum of tenants who stop paying rent when receiving notice to leave.
                      im simply curious to know that if a tenant on HB receives, for an example, £400 in HB paid directly to the LL and makes up the short fall of £100 themselves, then goes to the council offices...
                      15-01-2018, 16:30 PM
                    • Reply to Thinking aloud...
                      MisterB
                      I would spend considerable time assessing any applicants to rent your property, we do and also visit them at their current address, you soon get an idea of whether you want them as tenants or not!! if you need some reassurance, then sign up for one of the rent guarantee companies, I'm not sure how good...
                      18-01-2018, 08:31 AM
                    • Reply to Thinking aloud...
                      nukecad
                      Yes it's a pain for both LL and tenant.

                      I claim HB, direct to LL, and once had it stopped for 2 months because the DWP made a mistake and told the council I was no longer claiming disability benefit (must have been a miracle cure).
                      Of course I was still claiming the disability benefit,...
                      17-01-2018, 15:18 PM
                    • Reply to Thinking aloud...
                      Moy
                      MisterB, yes, indeed, people not on benefits can stop paying which was sort of part of my query.
                      thinking aloud I was wondering if a tenant on benefits being paid direct to the LL from the council decided not to pay the shortfall (£100 pcm in my example) for whatever reason would only leave the...
                      17-01-2018, 10:04 AM
                    • Reply to Thinking aloud...
                      MisterB
                      Mo - five men, four men, three men, two men, one man and his dog went there apparently .....

                      I don't think your question actually has one single answer .... though if youre not a landlady yet, perhaps you might be considering not taking on HB tenants, but the truth is anyone can stop paying...
                      17-01-2018, 08:43 AM
                    • Reply to Thinking aloud...
                      nukecad
                      If it's being paid direct to the LL (HB or UC-he) then it will continue to be paid until the claim is closed, or the claimant asks for it to be paid to themselves.

                      The claim can be closed by:
                      The claimant telling them to close it altogether. (For whatever reason).
                      The claimant...
                      16-01-2018, 16:07 PM
                    • Reply to Thinking aloud...
                      Mrs Mug
                      Also, in your area, would the tenant be getting Universal Credit that would affect how much Housing Benefit they actually receive....
                      16-01-2018, 15:43 PM
                    • Reply to Thinking aloud...
                      Welshie
                      If the tenant is still in the property, Housing Benefit wouldn't stop. It would be paid until they left the property.

                      In regards to HB departments stopping payment for the slightest thing, it would depend on what that "slightest thing" is. After all, Housing Benefit is a means...
                      16-01-2018, 13:53 PM
                    • Reply to Thinking aloud...
                      theartfullodger
                      CO2 detectors won't (usually) help much: CO detectors might ....
                      16-01-2018, 13:36 PM
                    • Reply to Thinking aloud...
                      Moy
                      He is self employed and knows what can and cannot be claimed tax wise. The house has been fully rewired with mains smoke/fire detectors. Co2 detectors will be fitted, gas central heating services with gsc issued.
                      We have concentrated on making it tenant proof rather than fancy LOL!
                      Also...
                      16-01-2018, 13:23 PM
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