Universal credit still no rent after 6 weeks what do I do

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    Universal credit still no rent after 6 weeks what do I do

    Hi All.

    I recently took on a T who is claiming universal credit, I am concerned its been 6 weeks since moving in now and still no rent payment and I don't know what is happening with regards to her claim either.

    I went through a scheme whereby the local authority pays the first months rent, and after that its universal credit. I was wondering whether as a landlord if there is anything I can do here ? I do send the T occasional texts chasing up, all I get is that its still going through the process etc.

    Thanks in advance.

    #2
    You should get in contact with the council rather than the T who got you the T as well as DWP, I would expect there are delays due to the festive holidays, restrictions and shortage of staff. Find out what is the payment date the T usually gets paid, as this is when you should be getting the payment. There are usually issues initially then runs more smoothly after this, hence why the council pays the first month's rent.

    Comment


      #3
      It can take time for UC to sort things out on a new claim or a change of circumstances such as moving house.

      It's not at all unusual for the UC Housing Element not to be paid to the claimant the first month following a new claim or change-of-circumstances.
      If a valid claim then it will be backpaid, but that (usually) takes till the end of the following month when the claimants next payment is due.

      UC is paid in arrears, whilst most landlords want rent in advance.
      That can obviosly cause problems, and is why councils will offer to cover the first month as a Discretionary Housing Payment.

      You can only ask the tenant about this, she may be already trying to get it sorted out with the DWP.
      But the DWP will not talk to you about her benefit claim.

      If she's having trouble with getting the payment from UC she could apply to the council for a (further?) 'Discretionary Housing Payment' to cover rent until UC get their finger out. (As said she's probably already had one DHP for that first months rent).

      If on the other hand she is getting the UC-HE paid but not paying you rent then you can ask the DWP for a 'Managed Payment to Landlord' (MPTL) by means of a form UC47.
      See this guide for UC and landlords, section 8 is about MPTL: https://www.gov.uk/government/public...-for-landlords

      Comment


        #4
        As has been said, fill out UC47, ( you will need the tenants date of birth though ), it won't process it unless you do have it.

        Comment


          #5
          Originally posted by nukecad View Post
          It can take time for UC to sort things out on a new claim or a change of circumstances such as moving house.

          It's not at all unusual for the UC Housing Element not to be paid to the claimant the first month following a new claim or change-of-circumstances.
          If a valid claim then it will be backpaid, but that (usually) takes till the end of the following month when the claimants next payment is due.

          UC is paid in arrears, whilst most landlords want rent in advance.
          That can obviosly cause problems, and is why councils will offer to cover the first month as a Discretionary Housing Payment.

          You can only ask the tenant about this, she may be already trying to get it sorted out with the DWP.
          But the DWP will not talk to you about her benefit claim.

          If she's having trouble with getting the payment from UC she could apply to the council for a (further?) 'Discretionary Housing Payment' to cover rent until UC get their finger out. (As said she's probably already had one DHP for that first months rent).

          If on the other hand she is getting the UC-HE paid but not paying you rent then you can ask the DWP for a 'Managed Payment to Landlord' (MPTL) by means of a form UC47.
          See this guide for UC and landlords, section 8 is about MPTL: https://www.gov.uk/government/public...-for-landlords

          Thanks for the reply, the first months rent will be paid to me directly from the council. The problem here is that I dont know what the status of the application is other than what the T tells me. Is it prudent to full out a UCC47 form I have the T dob and NI number etc. If this is the right approach, what time should this be done ?

          Comment


            #6
            If you have dealt with the council then the council would have filled out the UC47 form on your behalf and submitted it, why don't you talk with the council person you dealt with getting the T etc, then you will know if they filled in the form, and you can proceed. As I can image, that if you fill in the form and the council has already submitted it, then they will get a duplicate and may start an investigation holding up the monies further.

            Comment


              #7
              Originally posted by platforminc View Post
              Thanks for the reply, the first months rent will be paid to me directly from the council. The problem here is that I dont know what the status of the application is other than what the T tells me. Is it prudent to full out a UCC47 form I have the T dob and NI number etc. If this is the right approach, what time should this be done ?
              If the UC-HE status has not been sorted out yet then it's too early to ask for a MPTL.
              All you will get in reply from the DWP is a bare refusal, (because the tenant doesn't currently have UC HE).
              She may have UC standard rate in payment, but if the HE hasn't been added yet you can't arrange a MPTL yet.

              The application for MPTL is now done online rather than with a paper form:
              https://www.gov.uk/government/public...ears-deduction

              PS. I have never heard of a council submitting a UC47/MPTL application on a landlords behalf, as far as I am aware it is not legally possible for a council to do that.
              (Councils could arrange direct payments from Housing Benefit which was administered by the council themselves, but not from UC-HE which is totally seperate from the council and is administered by the DWP).

              Comment


                #8
                Hi All.

                ITs now 10 weeks and still no payment. The issue I have here is that the property is not in the same council/jurisdiction as that of the council officers who introduced the tenant. So the property is in borough A, but borough B brought the tenant. so as I understand it, the T is having to make application in borough A.


                When I asked the T last week, she said she will be making another application this week. This makes me wonder what exactly is going on, I am just here in the dark, and its whatever she tells me via text. The council officer who introduced the T have stopped responding to my emails.

                Anything I can do here, this is just been a real nightmare.

                Comment


                  #9
                  Your contract and the liability is with the tenant, not council. Issue s8g10 (& 11 I guess) today plus LBA for MCoL and ensure the council is aware you will evict, no reference or a full, honest one & explain intentionally homeless
                  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


                    #10
                    Originally posted by theartfullodger View Post
                    Your contract and the liability is with the tenant, not council. Issue s8g10 (& 11 I guess) today plus LBA for MCoL and ensure the council is aware you will evict, no reference or a full, honest one & explain intentionally homeless
                    Thanks for the response, pleas I dont understand what you mean by the following.

                    plus LBA for MCoL and ensure the council is aware you will evict, no reference or a full, honest one & explain intentionally homeless

                    I may not start the eviction process yet, and here is the reason why. The agreement with the council is that they pay the first months rent + incentive. now that payment is still outstanding as well, but i am told its moving up the chain, so I am expecting payment in the next week or two. If I signal that I want to start eviction process, they might cancel the payment after waiting almost 3 months, for a payment that ought to have come through within 28 days (first months rent + incentive), they are blaming covid.

                    Comment


                      #11
                      Issuing s8 isn;t an eviction. It;s a warning note to tenant. Entirely legal: Thatcher's 1988 Housing act says so. If you wish to dispense with legal processes so be it.

                      LBA & McOL -

                      MCoL (Money claim on line) is the electronic version of small claims - see
                      https://www.citizensadvice.org.uk/la.../small-claims/

                      LBA (Letter before action, or letter before claim) is a calm polite letter to tenant to hopefully resolve matters quickly, 1st step in small claims, but if not sorted then you can start court process for debt. - see
                      https://www.citizensadvice.org.uk/la...a-small-claim/

                      LBA costs just stamp & paperwork.

                      The "incentive" was something over £1k to take over a tricky tenant from council then???
                      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


                        #12
                        Originally posted by platforminc View Post
                        ... the property is in borough A, but borough B brought the tenant. so as I understand it, the T is having to make application in borough A.

                        When I asked the T last week, she said she will be making another application this week. This makes me wonder what exactly is going on, ...
                        Universal Credit Housing Element has nothing whatsoever to do with any Local Authority - It is administered by the DWP.

                        If your tenant is trying to apply to the councils then that is why she is getting nowhere.
                        They will not accept her applications and both be telling her to apply to the DWP for UC-HE.

                        Comment


                          #13
                          I just heard back from the T today, she said that she has made applications to 2 councils for housing benefits as she gets tax credit. I do not know if this is the right approach. Should she be ditching that and applying for UC via the DWP website ?

                          Comment


                            #14
                            She cannot make a new claim for Housing Benefit with any council, she has to claim UC.

                            Both councils will be clearly telling her this.

                            The only exceptions to that are if you are above State Pension Age, are in emergency accomodation provided by the council, or are in a property that provides nursing care/support as part of the tenancy.
                            See this which also states it clearly: https://www.gov.uk/housing-benefit

                            Everybody else now has to claim UC Housing Element from the DWP. (Unless they don't claim at all in which case they won't get any benefits).

                            The only thing that the councils are still responsible for administering/paying are "Discretionary Housing Payments" which are not a benefit entitlement but as the name says a discretionary grant.
                            You have to be already getting HB or UC-HE to qualify for a DHP.

                            She will have to claim UC to get any benefits towards her rent.
                            (PS. Her Tax Credits will also be 'migrated' into UC when she claims it).

                            Is it possible that she already knows all this and is just stalling you?

                            Comment


                              #15
                              I suspect something fishy also. Can I still proceed with serving S8 ? I have only just received payment for the first month which is what the council help with, after that she has to do the rest by herself.

                              Comment

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