How to make HB/LHA cover arrears (eight week rule)?

[tom999]

1) Can I claim back any of the rent via the LA?

Unlikely, as there were only 4 weeks rent arrears.

2) Is it worth pursuing the tenant for the rent?

Possibly, i.e. if they are employed/have assets.

3) Should I get the letting agent to confirm the damage done in writng?
4) Should I let a new tenant in without having the damaged confirmed?

Was an inventory (e.g. written, photos, video) completed at the tenancy start?

5) How do guarentors work? I'd like to get one in place for the next tenant

Ask the tenant for a guarantor who is a working homeowner, and do the same relevant, thorough checks as you would on a tenant. The guarantor will need to sign a Deed of Guarantee.

6) Can the previous tenant claim the deposit back from me if i dont get the damaged confirmed citing that the deposit is for the property rather than the rent itself?

Did the AST (in Engalnd or Wales) commence on or after 6 April 2007?
Was the annual rent less than £25k?
Did the AST have any provision for deductions from the deposit for repairs?

[easylet]

Anyone heard about recovering rent arrears from tenants benefits?

Hello,
Just wondering if anyone has heard about a scheme whereby landlords can recover rent arrears from tenants benefits, be them housing benefit or income support?
There was an advert/article in a magazine which I cannot find now, but this article was from a solicitors firm who had sucessfully argued that once a tenant had received housing benefit for rent but not paid it to the landlord, then the amount of arrears, once proven in court, could be claimed from future benefits, at source, and paid direct to the landlord. Apparently, the argument was that the tenant had received housing benefit and their own benefits, so they had been overpaid by the benefits system, therefore, this money was overpaid by the benefits service and could therefore be reclaimed by them, as it was due to the landlord.
Any information that anyone has about this process would be gratefully received. It would be a deterrant for tenants who think they can get away with this once they know this will be taken out of any future earnings, be them income support, jobseekers, housing beneft, child benefit or any future employment.
Thanks from easylet

[Mrs Mug]

I think it's been mentioned somewhere on this forum before. But the posters said that the payment taken from the tenants benefits was only about 50 pence a week. So it wasn't worth taking tenants on housing benefit to court because they hadn't got the ability to repay their debts.

Someone else should be able to give you a better answer.

I found this thread, I hope it helps

http://www.landlordzone.co.uk/forums...hment+benefits

[havensRus]

third party deductions

Easylet,
I have successfully applied for third party deductions from a tenants income support, but it took forever. Mine was the last post on the thread that Mrs Mug referred you to.

By the time it came to be enforced, the tenant's JSA had been suspended, and subsequently his HB, and then he moved out. But once the JSA & HB got reinstated, I was paid the deductions from when it became effective to when he moved out.. £6.50 (for 2 weeks). Had he remained in residence, then the deductions would have continued.

Each DWP Job centre deals with it slightly differently. I've recently spoken to another one, and they didn't want all the belts and braces that the other one i had previously dealt with wanted.

Once approved, it will continue for as long as the T is still in residence in your property, as the law states its only applicable for current LLs, not ex-LLs.

[JohnC]

How to ensure that HB/LHA covers rent arrears?

All,

Has anyone had any success in convincing a LHA that arrears is calculated as:

arrears = rent due to date - rent paid to date

If so what's the secret?

Thanks, John

[tom999]

Yes; if you mean trying to convince a Council HBO (Housing Benefit Officer) that the rent arrears are a certain amount.

1) Create a rent statement* with columns (e.g. in MS Excel) for Date Due, Rent Due, Rent Paid, Balance Due, Rent Arrears (Wks).
2) Keep proof of rent payments, e.g. copy of bank statement.
3) Send a copy** of 1) & 2) + covering letter to Council's HB dept., and keep proof of postage.

* Important for LL to keep record of payments in any case.
** Or make an appointment and go in person.

[JohnC]

It's a 'Housing Options Advisor' whatever that is.

We have exchanged emails and I've provided such a spreadsheet (excluding the Weeks column), yet the 'Advisor' keeps advising the tenant that the arrears are less than they are, and that in order to 'clear the arrears' they need only pay £100ish rather than the £1000ish due.

Sadly the tenant has now paid the £100ish and believes they are no longer in arrears.

John

[tom999]

It's a 'Housing Options Advisor' whatever that is.

The HO will act for the tenant, not the LL. They are separate to HBO's, who deal with the claimaint's HB.

We have exchanged emails and I've provided such a spreadsheet (excluding the Weeks column), yet the 'Advisor' keeps advising the tenant that the arrears are less than they are, and that in order to 'clear the arrears' they need only pay £100ish rather than the £1000ish due.

If your figures are accurate, then send written proof as in post #2, to tenant, HO and head of HB department; I'd recommend that as soon as there are 2-4 weeks rent arrears, they should be informed in writing. Include a letter requesting arrears are paid (or payment plan arranged) within 14 days or formal notice will be given.

Follow up as required, i.e. serve notice and/or if > 8 weeks rent arrears, ask for direct payments (from HB dept. not HO).

Keep proof of postage for all correspondence (free cert. from PO).

[JohnC]

Follow up as required, i.e. serve notice and/or if > 8 weeks rent arrears, ask for direct payments (from HB dept. not HO).

Thanks, however the payments are already being paid directly to the LL (not me), the problem is the tenant was finally making some effort to clear the arrears and asked me to supply a statement (the LL is family and ill so I'm taking the stress off the LL). I supplied a statement as per previous post.

The 'advisor' has advised the tenant that the arrears are wrong and as a result instead of setting up a payment plan (or at least continuing to discuss getting one in place) the tenant now believes that by paying the £100 or so that the advisor has told her is the correct arrears she is no longer in arrears.

Quite frankly I don't care what the council think, but I'm not impressed that they've talked the tenant out of paying any more of what is due. Nor that they've convinced the tenant that the LL is not due any more money. The advisor has also made the relationship with the tenant even more strained by painting the LL in a bad light over this.

The advisor has also now sent me a rather rude email and I've made a formal complaint about the advisor as a result.

Regards, John

[JohnC]

legal definition of arrears

Is there a legal definition of arrears?

Preferably in a quotable source, i.e. an one of the Acts of Parliment.

I've tried the Housing Act 1988.

Thanks, John

[Wickerman]

http://www.keywee.co.uk/wp-content/u...r+A26-2009.pdf

This may help - section 15.

[Lawcruncher]

Not sure there is a definition to be found in any act or case as the meaning is surely fairly clear. Here are a few definitions for you: http://www.google.com/search?hl=en&s...rears&gs_rfai=

Are you experiencing a particular problem?

[JohnC]

Wickerman,

Thanks, that seems pretty clear to me, though I doubt it will help I've previously cited the LHA Guidance Manual (http://www.dwp.gov.uk/docs/lha-guidance-manual.pdf) p. 36 which says:

4.061 Rent is in arrears once the date it is due to be paid has passed, regardless of whether it is due to be paid in advance or in arrears.

Lawcruncher,

I am trying to get a Council's 'Housing Options Advisor' to stop incorrectly advising a tenant that they are not in arrears. The problem seems to be that the advisor can not understand that payments that may be made at a future date do not alter the present state of the arrears.

As a result of this advise the tenant is not longer willing to discuss a payment plan leaving the landlord potentially out of pocket.

Regards, John

[P.Pilcher]

I get the impression that if a tenant is, say, £500 behind in paying his rent, we would say that he has arrears of £500. However a council numpty is maintaining that if the tenant has promised to pay these "arrears" off on a specified future date, then he is no longer in arrears! Presumably the council need no longer take any action to try to assist the landlord in the recovery of these arrears, and are certain that the landlord can not take action against his tenant under section 8, grounds 8, 10 or 11!

Heavens - they will try anything!

P.P.

[Moderator1]

Several separate but overlapping threads have been merged into this thread.