LHA payments not as agreed - fixable?

[redhat]

Hi all,
How can I get the correct rent paid – or not?
Lettings Agent found Severely Learning Disabled person (no job, no money) (and his 24hr carer) for two bed house Dec 2009. Rent signed at £750pcm but various hiccups and incorrect monies paid by council despite my liasons with his Community Team Care Manager. I finally discovered thru google that the shortfalls are because finance are actually paying me “benefit … based on the one bedroom Local Housing Allowance rate” of £600.
His Care Manager denies all knowledge of LHA rules and says was assured by finance that £750 would be ok. Has twice “applied for” ‘top ups’ and ‘emergency grants’ but nothing other than the £600 which finance pay has ever appeared in my account.
Care Manager seems unable to get replies from Finance and now seems to not be replying to my emails as to what is going on.
On advice of Lettings Agent I had signed agreement that the tenant has no guarantor as they assured me didn’t need one - the council would pay his rent no prob! (doh).
1) Is this a scam to get someone in knowing he will be unable to pay full rent (sneaky Care Manager or just ineffectual..?)
2) Am I able to claim the proper back rent (a:how? / b:with interest?) or will the council say tough.
3) Should I cut my losses and evict (procedure?)
4) What wording should I send to his Care Manager (my many queries meet ‘I’ll get back…or…'when Finance reply.etc.).
Obliged, Redhat.

[tom999]

On advice of Lettings Agent I had signed agreement that the tenant has no guarantor as they assured me didn’t need one - the council would pay his rent no prob! (doh).

Poor advice from incompetent agents. However, any responsible LL would almost always insist on a guarantor (with very few exceptions).

2) Am I able to claim the proper back rent
a:how?

From the tenant.

b:with interest?

Only if the agreement states so, and it is not at an extortionate rate as to be deemed unfair.

or will the council say tough.

The council will not pay the tenant's rent. The council will pay housing benefit for a HB/LHA claim for the duration of the tenancy.

3) Should I cut my losses

Your choice, but the LL should always research HB/LHA before the letting begins and not rely on agent's advice.

and evict (procedure?)

Assuming tenancy is in E&W:
(1) Serve a valid s.21 notice, ensuring any protectable deposit is protected, and;
(2) If more than 2 months/8 weeks rent is owed, serve a valid s.8 g8, 10, 11 notice.

4) What wording should I send to his Care Manager (my many queries meet ‘I’ll get back…or…'when Finance reply.etc.).

Letters should be sent to the tenant, e.g. rent arrears statement every month. If the Care Manager is authorised under the Data Protection Act to receive tenancy info., then send him/her a copy as well.

Your other correspondence should be with the Council; if you have permission from the claimant/tenant to discuss their claim, then you can call them, or; alternatively, write asking why the HB/LHA claim was for a one bed flat instead of a two bed house*.

Keep proof of postage for all correspondence.


* Could this be because the Care Manager (acting on the claimant/tenant's behalf) applied for a one bed flat in the HB/lHA claim?

[hbadvocacy]

Redhat

Community Care placements are a bit more complex than simply claiming LHA and normally include a contract between the Council (usually Social Services) and the contractor (residential care home, nursing home etc) and the person being cared for.

Is there a contract in place or at least a written exchange between you and Care Manager setting out the terms of your agreement?

HBAdvice & Advocacy
www.hbadvice.co.uk.