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 !

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        #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.

              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


                      #11
                      Thanks HBA - appreciate your response.

                      I've just chased up HB and have been told that the benefit has been suspended. Tenants have until 1 March to provide their proof of payment. However, due to receiving a cheque from the Guarantor, tenants are no longer 8 weeks in arrears (just over 5 at the moment). I'm going to send another letter to HB pointing out that it is very unlikely the tenants will pay the rent to me as the Guarantor has had to step in.

                      If the Council do not redirect the rent to me, will the Tenants receive the HB 'before' I get the option to raise an appeal?

                      Many thanks
                      Claymore

                      Comment


                        #12
                        Regarding comment above that Landlord would be contacted to confirm they were renting from you and to confirm the rent payable, that is NOT my experience. I think they would simply have to submit a tenancy agreement. I have just discovered that one of my tenants is now claiming Universal Credit and not passing on the rent element to me. I was unaware he had stopped working. He is 3 months in arrears. I have submitted Landlord Request for Managed Payment/Rent Arrears Reduction but suspect he has already moved (but is still within fixed period of 6month AST).

                        Comment


                          #13
                          http://www.impacthousing.org.uk/site...0questions.pdf

                          Comment


                            #14
                            Originally posted by __chris__ View Post
                            Please forgive the newbie question, I'm still learning.
                            MCoL = ???
                            Money Claim on Line
                            i think...

                            Comment


                              #15
                              Update

                              Tenant had till end of February to dispute non-payment of rent etc. I telephoned HB yesterday and they have confirmed rent is going to be paid to me direct. Back dated payment goes into my account tomorrow.



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