Tenant misleading universal credit

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    Tenant misleading universal credit

    My tenant moved in a new partner without telling me which messed up her UC claim, after months of no payments she tells me he's moved out, they've split up and he's now an ex. She's back on a single claim and the direct payments to me have resumed.
    I've since served a section 8 and now the homeless team are calling to mediate the situation but its making it worse by highlighting all the lies she's telling. She's put this supposed ex-partner on her claim with them and they tell me he's living at the property, he also has no ID so they're having trouble processing him, as did UC. So potentially she is receiving housing benefit that she's not entitled to and it's being paid directly to me. Any idea if I'm the one they're going to be chasing for that money back? I could try calling UC without giving any details but I've found a lot of the call handlers don't have a clue.

    #2
    Yes, you're the one that they're going to chase for any housing element of the UC which has been paid to you that she wasn't entitled to.
    You've already agreed to pay it back when you agreed to be paid direct.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      UC will not talk to you specifically about a claimant, unless they are there with you when you make the call and provide agreement. Yes UC could reclaim the money that they have paid if the payment came directly to you, this is the issue with T's who are claiming benefits if they aren't entitled to these benefits in the first place.

      I would serve notice while still negotiating with the council/ homeless team so that any arrears are paid, as it's unlikely you will see anything once the T has left the property.

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        #4
        Thanks thats conformed what I thought, I have served the notice but the tenant should be gone by now, I'm concerned the council are going to drag this out, she's very unlikely to make any effort to pay the debt and this rent currently being paid could potentially be reclaimed.

        Comment


          #5
          Fyi, your notice (? s21 or s8 ?) does not end tenancy nor compel tenant to leave. Thatcher's act 1988 gives them the right to stay until court, court order, expiry, bailiffs. And they can appeal through that process.
          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


            #6
            The homeless team are currently trying to pursuade me not to take it to court, they've acknowledged the debt is too large to clear anytime soon so I think they're looking to rehouse. I'm just wandering if its in my best interests to continue with getting a possession order otherwise it could drag out even longer especially as this current rent is potentially more debt.

            Comment


              #7
              What are the homeless team doing that is going to have any effect, other than asking you to go slower or stop?
              Nothing you have posted makes me think there's any benefit in your doing what they want, other than not paying the fee to proceed to court.
              Which would be added to the tenant's debt.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                The council's argument is its better she stays put for a couple of months whilst they house her, they said court proceedings could take as long plus the cost. They mentioned late October was the date they were working towards. Whilst she's there they would get her to apply for grants etc to pay some of the debt. What they don't realise is how much the tenant really doesn't care and it doesn't help that she's telling them little porkies like they've all moved out and handed back the keys, still can't fathom what they thought they'd gain by pretending to the council they'd left.
                I'm just waiting to speak to them again about the new info I have on the UC claim and see if the tenants done anything, probably not, then proceed from there.

                Comment


                  #9
                  I know we know it but still want to air it.

                  Until the LL is not penalised for something 100% not of their making, we will always have the problem where LLs refuse to accept social tenants.

                  How is the LL to know the Tenant is lying to the benefits dept - we dont have access to their claim, letters sent/received etc - we hardly ever would know if a tenant has moved someone else in with them.

                  To reclaim overpaid benefits from the LL is immoral.

                  Phew, feel better now.
                  My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

                  Comment


                    #10
                    Originally posted by Jeblee View Post
                    The council's argument is its better she stays put for a couple of months whilst they house her, they said court proceedings could take as long plus the cost.
                    They're possibly right about that.

                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      Hi Jeblee. I had a so-called single mum tenant but her partner was living there on the QT & they went to great lengths to deceive faking a split up etc. She received the old style housing benefit which she paid to me. No rent arrears & served a section 21. She was aiming for social housing so I had to evict her via court. The council were very insistent on finding out if any rent arrears because she would then be classed as intentionally homeless & they had no duty to house her then. Has this changed anyone know?? Also afaik because she was fiddling benefits I could have been liable to a claw back from the council for the HB rent because of her fraud, ie partner living there had it been discovered. It didn't go to bailiff stage & afaik she got put in a hostel/b&b

                      Comment


                        #12
                        Yes if they're in arrears council will reject a claim for social housing, but the homeless team will still help find temporary accommodation for them. The council have grants to help pay arrears so they don't have much sympathy for tenants in debt. I'm not sure my tenant realises all this but the homeless team should have made it clear to her but so far she's not done anything they've advised her to do so it looks like I'm going to court.

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