For three years my tenants rent has been paid directly into my account from her Universal Credit payments. This morning, two days before this months rent is due, I have an email telling me that it is to be stopped yet I can apply to have it re-instated only if she has a change in circumstance. Have I missed something ? She tells me nothing has changed in her circumstance. Does anyone have a contact number for UC in St Austell rather than me trawling through the Gov/UK website?
Universal credit payment direct to landlord
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Tenant is entitled to request payment back from to you and then to her. Your agreement is not required.
In terms of who owes you rent it is always the tenant, not UC or LHA/HB.
Did you mean the job centre in St Austell please?
https://www.jobcentreplusoffices.com...ell-jobcentre/
Artful, in receipt of 6 benefits, thank you you generous taxpayers...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...
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Tenant is entitled to request payment back from to you and then to her............................Sorry, did not quite understand this sentence
This is what the tenant has received. c2309dfb-35bb-4fb2-8857-90ac48fe55d7.jpg
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I think Artful means she can change it from being paid to you to being paid to her, and then she pays it to you. Seems odd that they have done this if she hasn't requested it.
[QUOTE=theartfullodger;n1180362]
Artful, in receipt of 6 benefits, thank you you generous taxpayers...[/QUOTE
Out of interest what 6 benefits do you receive? Think I might be missing out on some!
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I do know this stuff.
And can usually explain it better than the DWP/contractors phone jockeys.
The people you talk to on the phone for UC enquiries are G4/Securitas not the DWP; contracted out so they don't have much clue.
(Not that most DWP staff have a clue anyway, but that's another story).
I believe that the email/journal entry from UC will be because any outstanding rent arrears have now been paid off over the three years.
(At least according to the UC computer; which has been known to be wrong).
The Change-of-Circumstances bit is for if the tenant gets into arrears again , that would be a change of circumstances and you could apply for another direct payment (MPTL) to be set up.
So the question has to be is your tennant still in arrears?
UC doesn't like Alternative Payment Arrangements, including Managed Payments To Landlords (MPTL's), they would rather the claimant mananges their own payments.
The DWP/UC will do APAs when necessary, but will stop any APA/MPTL as soon as they can.
You should look into setting up a Direct Debit or Standing Order to pay you the rent on the date that your tenant recieves their UC payment.
You will need your tenants agreement to do that, but you had their agreement for a MPTL anyway so it shouldn't be a problem.
PS. Did your tenant send you that screenshot of their UC journal?
It is illegal for anyone except the claimant to have access to their Journal. (Unless an apointee/guardian has been set up).
There is a current court case ongoing against a multi-property landlord who has been changing his tenants rent details on their UC journals.
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Originally posted by jpucng62 View Post...................
Out of interest what 6 benefits do you receive? Think I might be missing out on some!
State Pension, Free 'bus pass, £10 Xmas Bonus, Free eye tests, Winter Fuel Allowance, Free prescriptions.
For anyone (especially tenants..) to find out what benefits they are likely to qualify for try..
https://www.gov.uk/benefits-calculatorsI am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...
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Originally posted by theartfullodger View Post
State Pension, Free 'bus pass, £10 Xmas Bonus, Free eye tests, Winter Fuel Allowance, Free prescriptions.
https://www.gov.uk/benefits-calculators
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Good use?? Certainly not! I use the winter fuel allowance on wine rather than leccy/gas. Don't (well, hardly ever, especially during covid f*** u* by this government ) use the 'bus pass.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...
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Not without the tenants consent/request, and only rarely from the start of the claim even then.
(Unless you are a social landlord, or possibly if you are a private landlord in Scotland which has slightly different rules on APAs).
However if you already had direct payments from Housing Benefit before the tenant moved to UC then a UC MPTL can be set up from the start of the UC claim.
You have to remember that benefits are the claimants entitlement, not yours.
Monies received for that benefit entitlement can then be spent however the claimant chooses. (Just like wages can be spent however a wage earner chooses).
At the DWP's discretion part of that entitlement may be paid to someone else in certain circumstances if it is in the claimants interest to do so.
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by Munchkin19Thanks. I'll look that up. I'm hoping the notices on here in the documents folder are OK to use? Although maybe it would be safest for me to go through a company to do it for me. Only one I've heard of is Landlord Action, and sadly their fees are a bit higher than we could currently afford. (But I know...19-05-2022, 20:03 PM
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by Munchkin19Hi there,
Can anyone tell me what steps are needed to evict?
We have had a Housing Benefits tenant in our flat since 2006 with rent paid direct to Landlord. (They moved in with a child, so even though the rent was always sporadic and some arrears built up, I didn't have the...18-05-2022, 12:29 PM -
First thing, check any S21 would be valid (many are not) -google "nearly legal section 21".
But in your shoes I would have served s8 & s21 months and months ago. Copied s8 to council (intentionally homeless...".
Can we be confident you will either give no...19-05-2022, 19:43 PM -
by Munchkin19Thanks, Nukecad. That makes perfect sense. I have already refused to give him a new tenancy. The arrears are massive - £18,000. (Not a typo - wish it was.)
I have spoken at length to Housing Benefits re. DHP. The tenant's appllication is being re-looked at, and the increased rent request...19-05-2022, 18:47 PM -
by nukecadNow for more benefits stuff - to quote an old TV show - Are you sitting comfortably? Then I'll begin...
Firstly,
If you were daft enough to give him a new tenancy in his name only he could then claim help towards the rent from UC.
She still owes you the underpaid rent...19-05-2022, 04:05 AM -
by nukecadThis got long so I'll split it into 2 posts.
I missed something above, as the son is now over 18 and working he is a non-dependant adult living with a parent.
As such he is meant to make a contribution to the rent and so the mother's Housing Benefit should also have a 'Non-dependant...19-05-2022, 04:04 AM -
by DoricPixieThe arrears don’t get wiped. Like any unsecured debt in England the time limit is 6 years but realistically I don’t think you’re going to recover £18,000 (is that a typo in your opening post or does the tenant really owe £18,000) from someone on a low income.
You could offer a...19-05-2022, 00:43 AM -
by Munchkin19PS: It's Housing Benefit (not Universal Credit). If the tenant transfers over to Universal Credit, will they help with the rent and the arrears, or do the arrears and any rental shortfall get wiped out? No clue about this stuff.18-05-2022, 18:11 PM
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by Munchkin19Thanks.
Just to add: the son (adult age now) has approached Universal Credit and asked us to put the tenancy in his name so that he can claim rent for it. I am reluctant to do this as surely that would be creating a new tenancy and writing off both the arrears and any way to get the property...18-05-2022, 18:07 PM -
by nukecadDo you mean Housing Benefit (from the council) or do you mean Universal Credit Housing Element (from the DWP)?
They are different, and have different rules.
The important thing to remember is that it is not YOUR benefit entitlement - it is your tenants benefit entitlement....18-05-2022, 17:39 PM
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