Tenant choosing not to pay rent!

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    #16
    And even when the benefit is being paid directly to the landlord, it's being paid on behalf of the tenant.
    So if the tenant has their benefit(s) sanctioned the payments stop.

    If the local authority retrospectively decides that the tenant wasn't entitled to the benefit, they will recover the money paid from the landlord.
    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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      #17
      Just to clarify/correct something that I said above:

      "Once that benefit is paid it becomes the tenants money and there is no obligation in benefit law that the tenant actually passes it on to the LL."

      Obviously there is an obligation under a tenancy agreement for rent to be paid.

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        #18
        The really interesting replies here so to clarify are we saying that it is not possible to go to the council and ask for the housing benefit to be redirected to the landlord

        if it is the case that this is possible is there a minimum timeframe EG 2 months in arrears

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          #19
          Of course it's possible to ask the council to pay HB direct to the LL. My own HB is paid that way.

          Councils want to see 8 weeks arrears if it the LL on his own is asking for direct payments to be set up.
          Some councils will only do it in cases of arrears, others will do it if both the LL and tenant ask/agree together for direct payment to be set up before possible arrears arise.
          Check your own council website to see their policy on direct HB payments to LL's.

          However if it Universal Credit Housing Element that is being claimed, rather than HB, then that is paid by the DWP (not by the council) and has different rules which I gave a link to above.

          Very few people can now make a new claim for Housing Benefit from the council, almost all new benefit claims for help with rent have to be Universal Credit Housing Element which is administered by the DWP.
          Oddy though the councils are still responsible for all Discretionary Housing Payments. (UC lack of planning strikes again).

          Existing HB claims will eventually be 'Managed Migrated' to UC in the next few years, and so all 'help with rent' benefit will become UC-HE.
          (There will still be a few special cases of HB that are council responsibility, but these will be 'supported sheltered' housing and the like so not relevant to private rentals).

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