SPEEDTWIN Posted March 25, 2009 Report Share Posted March 25, 2009 I know if a tenant is 8 weeks/ 2 months in arrears/owning the landlord or agent can request the housing benefit/LHA to be paid direct. But i have 2 questions does the 2 months = 1 month and 1 day (the same as a S8) or 2 full months???? Also is it within the councils powers to pay direct if they are supplied with evidence that the tenant intends to keep the benefit and not use it for the rent and the 8 week rule hasnt kicked in yet? If anyone could point me in the direction of the exact council reg or No which may confirm the above it would be very helpfull. Link to comment Share on other sites More sharing options...
joan1957 Posted March 27, 2009 Report Share Posted March 27, 2009 I know if a tenant is 8 weeks/ 2 months in arrears/owning the landlord or agent can request the housing benefit/LHA to be paid direct. But i have 2 questions does the 2 months = 1 month and 1 day (the same as a S8) or 2 full months???? Also is it within the councils powers to pay direct if they are supplied with evidence that the tenant intends to keep the benefit and not use it for the rent and the 8 week rule hasnt kicked in yet? If anyone could point me in the direction of the exact council reg or No which may confirm the above it would be very helpfull. I am almost sure that it is not fraud for tenant to keep the money or LHA. You might like to check with your local authority but unles I'm mistaken I think thats the case. Another big joke by the goverment. Who in their right mind thought that a druggie who had the choice of paying rent or getting another score would pay the rent. Its laughable but not funny for the LL Link to comment Share on other sites More sharing options...
Trenners Posted March 28, 2009 Report Share Posted March 28, 2009 Hi Speedtwin, Under Local Housing Allowance legislation you can demand that all future HB payments are made if the tenant is 8 week behind with the rent. ie: they have received benefit monies for an 8 week period and have not paid them to the landlord. This is called "safeguarding". However, a lot of local authorities are taking a much more sympatheic view - if the landlord hasn't been paid by the tenant for 4 weeks (ie: the tenant was paid but didn't pay their rent) then the landlord can usually ASK for their claim to at least be suspended whilst the Benefit Office looks into the matter. The comment from Joan 1957 is both ill-informed and unhelpful as it shows zero understanding of the LHA safeguarding policy. Druggies do not get their benefit paid directly to them! LHA safeguarding can be implemented when it can be proven that a tenant would not be able to sustain a tenancy (ie: they would spend the benefit rather than pay their landlord) if the benefit monies were paid directly to the tenant. Tenants that fall into this category are usually people suffering mental health issues, alchohol or drug issues or those who have a history of rent arrears (ie: are unable to manage their finance correctly). The landlord needs a letter from a social worker, health official or housing officer confirming that the tenant needs to be safeguarded and this letter needs to be submitted with the Housing Benefit form. Safeguarding works very well. I am managing tenancies with tenants with massive, previous property, rent arrears, ex-druggies, ex-alckies and people who are mentally impaired and NONE OF THEM are behind with their rent because I had them safeguarded from the outset. Let me know if you need more information on LHA and how to successfully run DSS tenancies .... Best Wishes, Mark Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted March 28, 2009 Author Report Share Posted March 28, 2009 Thanks Mark for your detailed reply. I dealwith a lot of tenants on both both the old style HB and the new LHA. Up untill recently i have have a fairly good relationship with my local council but they seem to be be getting a bit differcault resently. I used to just write to them to state a tenants was 8 weeks in arrears and they would then start paying me direct (my 8 week was the 1 month and 1 day rule) now they want the 8 weeks to relate the dates their benefit is for. So if the rental period starts the 1st of the month and the L/L hasnt been paid for jan & feb (because there are no funds in the T acc) but the last payment recieved from the council may be a 4 week period ending 15th jan i have to now wait until 8 weeks after the 15th jan. That will then be nearer 10 weeks in arrears/owing. Even when i have supplied info on other tenants that they have no intention passing on the LHA due to broken promises of bringing it into the office (not once but 2 or 3 times) and had it confirmed from the council that they recieved the LHA. The council say i have to wait their 8 weeks. We are about the only agent in the area who deal with tenants on LHA from the outset and i am seriously considering changing that policy. I havent had to evict for about 2 years but in the last month and a half i have had one s21 possession order and i have had to go to court for 3 s8 as well (all won) every tenant was on LHA. I must be doing something wrong. So if you have any tips it would be helpful because you seem to be taking on the type of tenants that in the past i have as well. Link to comment Share on other sites More sharing options...
Trenners Posted March 29, 2009 Report Share Posted March 29, 2009 Hi Speedtwin, My advice would be to get a relationship with the manager of the Benefit Department within the Council. This may be difficult to achieve but I think it is imperative when dealing with LHA tenants. Although the legislation states 8 weeks in arrears before the benefits are switched (to the landlord) - with a good relationship with the Benefit office - it is possible to get claims suspended when the first payment doesn't arrive. This is at the discretion of the Benefits manager ... but I have had no problem getting this to happen in my area (both Swindon and Wiltshire Councils). You might try getting a meeting with the Benefit office via the housing department. Attending a Landlords forum (run by the Council) might enable you to forge a bond with the Benefit officer(s), meeting with your local Councillor responsible for Housing could give you access to the right people and offering to participate in positive PR with the Council could also help (as most Councils get really negative PR). The key is that you are the only agent (like me) in your area that goes out of their way to help DSS tenants .... and we need the support of the Council if our business models are to work ...... Another tip is to complete the Housing Benefit form at "check in" and insist that the tenant signs the section that enables you to discuss their claim with the HB helpline. This, at least, enables you to ring the Council and discuss the claim with the Benefit office. Hope that helps ..... Mark Link to comment Share on other sites More sharing options...
Melboy Posted April 7, 2009 Report Share Posted April 7, 2009 This article says it all for me. Rent should be paid directly to the Landlord as it always was in the past. If it 'aint broke why fix it! http://www.telegraph.co.uk/finance/persona...it-changes.html Link to comment Share on other sites More sharing options...
equalrights Posted April 29, 2009 Report Share Posted April 29, 2009 This article says it all for me. Rent should be paid directly to the Landlord as it always was in the past. If it 'aint broke why fix it! http://www.telegraph.co.uk/finance/persona...it-changes.html I am a tenant under a short hold tenancy. Despite the fact there are outstanding repair issues with the property affecting my health, I have continued to pay the rent. I have provided the rent receipts to show that rent has been paid following the agent's first attempt to mislead the housing benefits office that the rent was in arrears by two months or so. This was proven to be false. Housing allowance can only be paid direct to the landlord if the tenant agrees. In this case I am fully capable of managing my own affairs and money and would prefer the rent to be paid direct to my account.There is no evidence that I have ever intended to keep the benefit and not use it for the rent and the 8-week rule has not kicked in yet. Thus I have not received benefit for an 8-week period and not paid this to the agent. The rent has already been suspended on one occasion previously because of the misleading information provided by the letting agent causing me much distress and inconvenience. The agent has effectively left me homeless by serving a Notice Seeking Posssession because I contacted the Council's Enviromental Health Department regarding the damp and mold conditions with the flat. My neighbours have also experienced the same damp problems with the property. There were signs of damp when the flat was handed to me with black mold on the net curtains, but it appears the damp has been painted over in the past to obscure this problem. I had no choice in moving into the property as I was fleeing anti social behavoir from the thugs on the estate I lived. The rents for most suitable houses/apartments are above the amount the housing benefits department will pay. The agent continues to miscalculate the date of the start of tenancy and his rent account is incorrect according to the evidence. I have repeatedly informed the agent of these facts and provided all the evidence. I have also informed the agent of the letter from my previous landlord demonstrating I had only moved out of the flat on a certain date therefore it is impossible that I moved into the current flat on the dates dishonestly made out by the agent. I have provided the receipts from the start of the tenancy onwards demonstrating I have paid the rent despite ongoing damp problems with the property. This does not seem to stop the agent continuing in his harassment of me through the benefits department and other means. Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted April 29, 2009 Author Report Share Posted April 29, 2009 So why did you sign a contract with the incorrect dates on it. Link to comment Share on other sites More sharing options...
equalrights Posted April 30, 2009 Report Share Posted April 30, 2009 So why did you sign a contract with the incorrect dates on it. I was told by the agent's associate agent that they would rectify this and I had little choice but to sign considering the situation I was in (fleeing anti social behavoir). The agent has actually changed the date since I signed the tenancy agreement to that of 5 days prior when I had not even moved out on these dates as he well knows. I have a letter from my previous landlord to verify this fact however this does not seem to make any difference to the agent, he still requests the rent for these days before the tenancy began.> Link to comment Share on other sites More sharing options...
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