Is Landlord notified of HB/LHA claim?

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  • Is Landlord notified of HB/LHA claim?

    Evening all


    Read this posted by someone elsewhere
    Is it true ?

    Even if you had not signed the application form giving authority to discuss the payment would still be made to your Landlord and an award letter issued to both you and him.
    However if you are able to prove that you have paid your rent in full and are up to date and you can provide evidence of this eg receipts, rent book or letter from your Landlord then the Local Authority will send the payment to you.
    Does this not breach data protection ?
    LL's are always moaning on here about HB not going to them direct which is making me think this info is incorrect ?

  • #2
    Yes, I'd say cutting 'n pasting from somewhere else without saying where that is & giving opportunity for copyright actions would breach data protection..
    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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    • #3
      ?

      It was posted on a forum by an anonymous poster

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      • #4
        Originally posted by house275 View Post
        ?

        It was posted on a forum by an anonymous poster
        I think it was a (failed) attempt at irony!
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        • #5
          Well it fell FLAT

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          • #6
            Just wanted confirmation that the person was talking out her arse ?
            Anyne know
            Pretty please with a cherry on top

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            • #7
              If a HB tenant is 8 weeks in arrears the payments can go direct to the L/L and they wont send it without some documentation which is a normall standard print out listing name & address of tenant what the rent is and what the tenants intitalment is and the dates it relates to.

              Without this the L/L wont know what the shortfall is if any. Does that breach DP? I dont know.

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              • #8
                LHA.. does my landlord have to know?

                Hi, me and my partner are students with a small child. We are entitled to LHA, but are having problems securing a let. As the LHA gets paid directly to me does the landlord have to know that that will be the way we are paying the rent? Are they informed by the Council or do we legally have to tell them?
                We are respectable tenants but every agency we go to say they cant help DSS.
                Its rather annoying because if we were just regular students getting our parents to pay the rent everything would be fine!
                I need to know soon as there is a flat Im very interested in viewing soon.

                Thanks

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                • #9
                  Are there any student agencies in your area? I'm a student and I signed a contract through an agency that deals almost exclusively with students. No questions were asked about benefits, etc.

                  That said, the majority of student houses in my city are let with private contracts with landlords. Perhaps you could consider seeking such accommodation, instead of going through agencies? It's possible your university maintains a list of student housing.

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                  • #10
                    Originally posted by mitta1109 View Post
                    Hi, me and my partner are students with a small child. We are entitled to LHA, but are having problems securing a let. As the LHA gets paid directly to me does the landlord have to know that that will be the way we are paying the rent? Are they informed by the Council or do we legally have to tell them?
                    We are respectable tenants but every agency we go to say they cant help DSS.
                    Its rather annoying because if we were just regular students getting our parents to pay the rent everything would be fine!
                    I need to know soon as there is a flat Im very interested in viewing soon.
                    No, you do not need to volunteer this information. However, you must tell L the truth if asked; your failure to do so will give L an extra ground to end the tenancy [g17 in Schedule 2 to the Housing Act 1988: tenancy obtained by deception].
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

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                    • #11
                      Hi...

                      As a landlord, I would like to say that I have had major problems in the past with LHA claiments...ie..stating that they had moved out of my property 3 months prior to they actually had and I would never have known, if it was not for receiving an overpayments letter 3 months later. LHA always put the claiment first, which is why I would never accept LHA claiments again...but saying that, I never had a deposit...or money in advance, because I foolishly let to people who I thought I could trust. Many people do not accept LHA as they are advised that their mortgage/insurancy policy is void if they do....I am not an experienced landlord, just let my property as it was not selling at the time...but mortgage and insurance companies are fully experienced...as they have obviously have been in business longer and have experienced all reasons. I only wish my experience of LHA tennants were as honest as you. GOOD LUCK.

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                      • #12
                        One of the advantages of LHA being paid to the tenant is that there is no longer any of this nonsense about reclaiming "overpayments" from a landlord. All you have to do is collect the rent, irrespective of where it comes from.

                        And on the other point, of course the prospective tenant doesn't have to tell the landlord they're likely to receive LHA. After all, they will not know until they've actually made a claim, and the claim can't be made until after the tenancy starts.

                        I am never entirely sure how anyone calculates "affordability" anyway. How can you tell whether someone has enough money to pay their rent? I've seen all sorts of different formulas put forward. 30/40/50% of net income, or gross income, sometimes including benefits such as tax credits, sometimes not.

                        Certainly, how do you ever calculate a student income, since so much of it is just accumulating debt from various sources. I doubt if that many landlords even know that students with children are entitled to claim LHA.

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                        • #13
                          Originally posted by Oneman View Post
                          All you have to do is collect the rent, irrespective of where it comes from.
                          Well, it's good to know that. I'd never have guessed! It's not actually so simple- what about the "Won't pay" tenants?
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment


                          • #14
                            Originally posted by jeffrey View Post
                            Well, it's good to know that. I'd never have guessed! It's not actually so simple- what about the "Won't pay" tenants?
                            "Won't pay" tenants are exactly the same, whatever the source of their money. Although it would be nice to have a tenant's employer pay their rent before they pay the wages to the tenant, it's actually fairly hard to get them to do that (even when the tenants agree). Often the difficulty is telling the difference between "won't pay" and "can't pay", if you think that should inform the decisions you make in any way. If you don't think it should, then why do you need to know where your tenant gets their money from, or whether they have any?

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                            • #15
                              Originally posted by mitta1109 View Post
                              does the landlord have to know that that will be the way we are paying the rent?
                              I know when I recently applied for LL insurance, one of the quote questions was 'is the tenant on benefits?'.

                              So, apart from the fact you may need the LL to claim on the insurance for something, it would be incredibly unfair to put the LL in a situation where he'd paid to have his contents / property insured but had no cover because he's 'lied' on the application form.

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