fit4life Posted September 5, 2012 Report Share Posted September 5, 2012 Contacted an eviction firm today who siad according to a high court ruling resently : it is incorrect for the council to take the word of a tenant and discontinue payment of HB. Can any 1 varify this information some clarity would be helpful. Link to comment Share on other sites More sharing options...
LLAW96 Posted September 6, 2012 Report Share Posted September 6, 2012 the name of the case would be useful, unusual for a landlord to take what I presume to be Judicial Review proceedings unless it was say a houswing association. Link to comment Share on other sites More sharing options...
Guest tenants_from_hell Posted September 6, 2012 Report Share Posted September 6, 2012 Well in sense its not legal. I was told if a tenant had any disputes with a landlord the tenant has to legally pay rent (but knowing tenants they dont). HB are a nightmare. Recently my new tenants tried claiming for 2 houses, until I found out, HB suspended payments. Decided to pay me, and within two days retracted their decision and said we or you cant prove they lived there yet they had a tenancy agreement and sent correspondance to my property on my tenants name. HB do bend the rules and take the mick, good luck! Link to comment Share on other sites More sharing options...
Grampa Posted September 6, 2012 Report Share Posted September 6, 2012 HB tenants can claim for benefits on 2 properties for up to a month. Link to comment Share on other sites More sharing options...
fit4life Posted September 6, 2012 Author Report Share Posted September 6, 2012 the name of the case would be useful, unusual for a landlord to take what I presume to be Judicial Review proceedings unless it was say a houswing association. FIRM SENT ME THIS LETTER TO HAND DELIVER TO COUNCIL COST 65 QUID. WHAT DO YOU THINK? SENCE OR NONSENCE I HAVEN'T A CLUE. If the tenant is entitled to housing benefit, and the arrears are more than eight weeks, the landlord is entitled to payment direct under REGULATION 95 HOUSING BENEFIT REGULATIONS 2006 Where repairs are required on a property, the tenant is entitled at common-law in certain circumstances to set off from the rent, any damages they may be entitled to as a result of the landlord breach of his duty to repair. However, where housing benefit is concerned, 8 weeks arrears refers to the contractual liability of rent and should not include any set off. This would equally apply to any dispute that the tenant claims and of which the local authority is unlawfully withholding rent from the landlord. CH 4108 2005 WELFARE RIGHTS BULLETIN Payment of rent direct to landlord issues arising on appeals on such decisions (5 June 2006) The appeal before Commissioner Jupp in this case turned on what issues could properly arise on an appeal to an appeal tribunal in respect of a decision whether or not to pay the HB direct to a landlord where the claimant was eight weeks or more in arrears with his rent. This was governed by regulation 93(1)( HB Regulations 1987, and is now covered by regulation 95(1)( of the HB Regulations 2006. Commissioner Jupp started off by asserting that such payment decisions are appealable to an appeal tribunal. The error of law here had been in not inviting the claimant to an appeal hearing as both claimant and landlord are person's affected by such a decision. Moreover, insofar as the appeal tribunal had arrived at the eight weeks or more arrears figure by considering the net liability owed by the tenant to the landlord (eg, minus a set-of for damages for disrepair), the tribunal had erred in law. Regulation 93(1)( is concerned with the tenant being eight weeks or more in arrears of liability for rent and is not concerned with any set-off from that figure. Accordingly, all a tribunal is concerned with on an appeal on this particular question is what the contractual liability for rent is and whether the tenant is eight weeks or more in arrears in respect of that liability. Therefore, as the local authority cannot legally offset repairs or withhold rent in the same way that a tenant can, the local authority must pay the landlord direct if the tenant is successfully making a claim and is more than 8 weeks in arrears. If you fail to pay me direct I will need to consider what action I may need to take against you with regard to your flagrant miss use of the housing benefit rules. I GIVE NOTICE THAT IF YOU HAVE NOT PAID THE BENEFIT ENTITLEMENT DIRECT TO THE LANDLORD UNDER REGULATION 95 HOUSING BENEFIT REGULATIONS 2006 WITHIN 14 DAYS, I MAY BE LEFT WITH NO OTHER OPTION OTHER THAN TO CONSIDER LEGAL REDRESS FOR YOUR ILLIGAL WITHOLDING OF RENT. Link to comment Share on other sites More sharing options...
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