Can L make Council pay LHA/HB direct on account of rent?

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  • shaf
    replied
    Just to add if LHA is paid to tenant, which in most cases it is, it is paid 2 weekly in arrears. If it goes to LL then it is paid every 4 weeks.

    The reason for this is still a mystery to me.. !

    Shaf

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  • MaryQK
    replied
    Forgot to mention that if the tenant is receiving LHA/HB etc they will not leave until the bailiffs arrive (which can take from 1 to 6 months after the PO being granted!). So if you want the tenant to leave after 2 months, i suggest you should start proceedings now.

    Leave a comment:


  • jeffrey
    replied
    Originally posted by penny_sweet View Post
    Is this the best route to take even if I don't want her to move out just yet? I have found a new tenant but they cannot move in for at the very least 2 months, and I can't really afford to have the house sitting empty til then. In other words can I use this as a threat to get her to pay up?
    I cannot foretell the future; but, yes, it can be used as a prod to T. If T leaves before the Notice operates, she is still liable for rent until when she would have had to give-up possession; and, anyway, her rent is not being fully paid at present so your qualms about "can't really afford to have the house sitting empty until then" are a bit illusory!

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  • penny_sweet
    replied
    Is this the best route to take even if I don't want her to move out just yet? I have found a new tenant but they cannot move in for at the very least 2 months, and I can't really afford to have the house sitting empty til then. In other words can I use this as a threat to get her to pay up?

    Leave a comment:


  • jeffrey
    replied
    Originally posted by penny_sweet View Post
    It's entirely HB funded, illegally I might add which is one of the reasons I want rid. The council will not pay me direct however even with her consent and I know I have to wait til she is 8 weeks in arrears to force them to pay me direct.
    1. Not 'in arrears' but 'unpaid'.
    2. You can nevertheless serve a s.8 Notice (g8/10/11) if you want.

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  • penny_sweet
    replied
    It's entirely HB funded, illegally I might add which is one of the reasons I want rid. The council will not pay me direct however even with her consent and I know I have to wait til she is 8 weeks in arrears to force them to pay me direct.

    Leave a comment:


  • jeffrey
    replied
    Does T pay any part of the rent from her own resources/earnings, or is the entire rent HB/LHA-funded?

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  • penny_sweet
    replied
    HB tenant is in rent arrears due to Council

    My tenant's first six month contract is just about to finish, so I have asked for the arrears on her rent to be paid in full before I give her a new contract. The council (stupidly in my opinion) pay out HB to her in two weekly back payments, which means that she's constantly in arrears with her rent. Before now this would not have abeen a problem but as her contract is about to finish, I dont want there to be any overlap with payment as it would mean when I get rid of her (which I am planning on doing in a few months for a variety of reasons) there will still be rent outstanding, which I will probably not see. Any ideas of where I stand legally in requesting these three weeks of arrears if that's how the council pay her?

    Leave a comment:


  • Michael Clayton
    replied
    The council can pay rent allowance (whether it be traditional HB or the new LHA) when it is in the best interests of the claimant to do so. Likewise, when it is considered that the tenant will have difficulty in controlling their own affairs, it might be a better option to pay landlord.

    The 8-week rule is mandatory. What is not realised is that during arrears weeks 1 to 8, you can act if you foresee problems. Although you (as landlord) have 3rd party status in HB, you can have a bearing - but only if you are pro-active.

    The local authority should account for any arrears before choosing who to pay. A tenant cannot wipe the slate clean when migrating from non-LHA to LHA.

    Also, I am slightly concerned as to how and why this landlord 'switched' his/her tenant over. Firstly, it is the tenant's claim. By this, I mean that a landlord might not be party to all the circumstances. Secondly, there are so many variables, it is very important to think through all the possible consequences of such an action. An ill-advised decision could be irreversable and might end up costing a landlord thousands. Be very wary and take plenty of advice before advocating any changes.

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  • socrates
    replied
    Can L make Council pay LHA/HB direct on account of rent?

    Someone put an interesting question to me. If a tenant who was on HB was receiving HB directly then went 8 weeks into arrears at that point the LL could ask for the HB to be paid to them directly. The HB was then paid to the LL directly.

    Subsequently the LL with the same tenant switched this tenant over to LHA - with a weeks gap in between. Basically stop their claim and restart it a week later.

    The Local Authority then decides to pay the LHA to the tenant directly.

    Would the fact that the tenant had never cleared up the 8 weeks arrears - meet the criteria that the LHA should be paid to the LL directly. Or, because the tenant has stopped and started a new claim, thus the previous arrears are not relevant to this claim?

    Leave a comment:


  • Paul Gibbs
    replied
    You can proceed under section 8, however, that will lead to the tenants eviction if that is what you want.

    You can bring a part 7 civil claim against him (meaning you are not seeking possession as well)

    Contact the local authority - they might have paid the deposit to you and if they are aware it is under threat can spell out the consequences to the tenant (i.e. he may be at risk of being found intentionally homeless).

    You can try to threaten bankruptcy but in my view it will have little effect. It sounds like he has little assets or income and bankruptcy proceedings are likely to just result in you throwing good money after bad.

    Leave a comment:


  • WarwickGrad
    replied
    HB paying current rent but what about arrears b/f?

    Hi

    I have a tenant owing me £3,500 rent.

    He's housing benefit and was sent to me from the council via their private rent scheme. Housing benefit now pay us directly. But he stills owes the previous months.

    What can i do in this instance to get the outstanding balance? S.8 or proceed with bankruptcy proceedings? How do i get a CCJ against him?

    Thanks in advance

    Leave a comment:


  • jax2503
    replied
    Hi Wickerman,

    Providing you can prove that you asked them to suspend benefit, then the council is at fault speak directly to the benefits manager explain that their error has cost you money and push them to repay you, I'm sure it must be legislation because whenever I have asked for it they always pay me it.

    The only thing to note here, is that if the tenant takes the hump at you doing that, they can just stop the claim and then no more money will be paid to you as they have stopped their claim. Also beware if you are issueing notice under S8 as this may bring them less than 8 weeks in arrears.

    Jax

    Originally posted by Wickerman
    It shows on their system as received several weeks before the next payment (to the T) was made.

    Do you think the LA will pay the LL the rent they paid in error?

    Leave a comment:


  • foxdog
    replied
    I evicted my tenants last week, after being in same position as you. Tenants were telling me they were not receiving housing benefits, council would not tell me if they were or not. After several visits to the council I contacted Chief Executive and Councillor for Housing committee. This made someone jump and I received some benefit for September/October rent. Tenants had been claiming from beginning of May aks they were employed when I took them on, I had no idea they were on benefit so did not go to council earlier. There is no incentive for these people to work again.

    Leave a comment:


  • jax2503
    replied
    I realise that the local authority sometimes make mistakes, who am I kidding, okay so they make alot of mistakes. If you can prove that the letter was recieved by them prior to them issueing payment to tenant than. The council have a legal obligation to pay you directly and reclaim it off the tenant. I have been here before.

    As for which local authority it is, this is mandatory, that if the tenant is 8weeks in arrears then the rent will be paid directly to the landlord, If the council pay the tenant directly then they are intentionally making the tenant homeless in which case they have no duty of care to the tenant.

    Speak with your local authority, you will find that they will help you with legislation and any advice you require.

    Jax

    Originally posted by johnboy
    It depends which your local council is.

    Leave a comment:

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