Discriminating on grounds of housing benefit?

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    Discriminating on grounds of housing benefit?

    I want to know if landlords are entitled to discriminate (ie. use grounds of late rent payment) against tenants who gain part payment of rent from the council.
    This coupled with the fact that the council varies its payments, due to constant changes in the tenants regular income - means that rent is often late and back payments occur.

    Its a matter of constant housing application forms being sent and decisions being made and recieved on circumstances often a few weeks old - while Im due rent for those particular months.
    The tenant says their circumstances often changes weekly and this can be an issue as they cannot afford to pay the amount before gaining a rebate from the results of the previous applications.

    Is there anything that can be done - as I know 2 months arrears are needed to progress eviction.

    Is it just a matter of persistence for the amount due on a regular basis, or until the end of the initial six months.

    What possible lines of actions can I take - including the most effective on my behalf.

    Can I place clauses against this sort of thing - If I decide to keep them after six months, or even to stop this sort of thing with future tenants.

    Future thanks for your answers and replies.

    #2
    Once housing benefit has been set it does not usually change unless the tenant's circumstances change. In my area HB is paid four weekly in arrears, my tenants pay a calendar monthly top up in advance. I usually have to wait 2 months for benefit to be set but arrears are then paid. If the tenant is in and out of work this will invariably cause the LL problems, if you can't live with that serve notice. Providing the initial tenancy period is over you must give 2 months notice, period to end after the last day of a rent period. You will find mixed opinions regarding HB tenants, some LLs refuse them, some take them (I do).

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      #3
      ice - Housing Benefit is a benefit to the tenant and should not affect the tenancy agreement or any legal remedies available.From the LL's point of view it is not relevant where the money to pay the rent comes from - it is the tenant's responsibility to pay on time anyway.

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        #4
        I ignore housing benefit. My terms are deposit and rent monthly in advance. If a potential tenant cannot afford to pay this, whether he receives HB or not means that I do not accept him.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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