HB Query

[Carryon Regardless]

A T has been claiming HB but started work on the 3rd of this month, I think. Certainly he is now working.

I was informed that HB had been suspended from 29th May, and expected a final payment from them. HB was diverted to me some time back.

No payment was made so I rang to be told they were waiting for more info from him. I assumed this to be confirmation of dates ?? I texted him to cause him to do as required.

Today HB have informed me that they are making payment up to the 17th June, a bit of a surprise and detailing a payment in excess of £200 more than expected.

We all know that if they make an overpayment that when they realise this, at some unknown point point in the future, they will want it back.

The T has arrears so obviously the extra is useful in bringing those arrears down, but of course if it has to be repaid this could be at a point when the T isn't available or capable of compensating.

So taking the payment in hope that there is no reclaim may not be good business.

I've heard, I think, that HB can pay for a period leading up to the first salary payment. Is this correct or am I in fantasy land ?

All thoughts appreciated.

[Melboy]

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Today HB have informed me that they are making payment up to the 17th June, a bit of a surprise and detailing a payment in excess of £200 more than expected.

We all know that if they make an overpayment that when they realise this, at some unknown point point in the future, they will want it back.

So taking the payment in hope that there is no reclaim may not be good business.

This always surprises me that a Landlord who has no control over rental payments received is expected to refund any overpayment because a tenant can't get the facts right to the DSS/DWP and then the landlord has to get the rent money off the tenant on a private basis. Surely the DSS can tell you precisely when and why rental payments will or have stopped.

I would doubt very much that payment would run to the tenant's first pay day knowing the DSS mindset.

[Carryon Regardless]

Another reason, or two, for not enjoying HB T's.

I begrudge calling HB as it takes much time waiting or re ringing to get through.

Invariably you get to speak to a disinterested person who is reluctant to divulge relevant information, so your still left i the dark.

This time all I could learn was that they were waiting for information from the T before they could make payment. From that it was clear he had just been neglectful as is he didn't see personal advantage.

I have heard, or dreamt possibly, that a T can have two rents paid, overlapping, while in transition between two properties.

Maybe it is just a vain hope that the DSS support claimants who would have clear difficulties financially in the period from starting work to actually getting a salary for it ??

[Grampa]

I would take the funds and account for it as you do normally. If the council make a mistake it is not recoverable. If it is because the tenant has give the incorrect info about the job start date than the tenant is still responsible for withholding a material fact.

As far as you are concerned you knew the tenant was starting a job but was not informed of the exact day and had no reason to think the payment was incorrect.

Sometimes as a landlord the less you know the better.

If you do get a letter from the council asking for funds back just make sure you reply promptly stating they should reclaim from the person who has withheld a material fact, the tenant.

And yes a tenant can get a overlap of benefit for 2 properties up to a month. I also think they get help with the HB when starting a job for the first time but I don't know the ins and outs of it.

[Carryon Regardless]

Thanks Grampa,

Considering I have a £400 deposit, as and when there is a final months tenancy and he doesn't stuff me by not paying the rent for it, I have a reduced risk.

If there will be reclaim I would expect that to be within months and it seems he wishes to stay T for a while yet.

With a chill pill things can be looked at more logically

[suziesuze]

Here is an interesting story.... At present evicting a tenant on rent arrears issued a section 21. he had h.b at some point during loosing his job and then apparently going back to work.. ( this is where our problem started) !! he is now 2 weeks away from D DAY ! OR SHUD I SAID f OFF OUT OF MY HOUSE DAY !! and ive been in contact with the council who have been v sympathetic...... and informed me even thou he hasn't given them enough info to process his claim and now owes us a grand ( why wud he bother when he can live in my property for free !!!) the council said..... if he re applys for a new housing benefit claim when he leaves your property we will back date the money he owes !! and so im like BLOODY APPLY !! im pretty sure hes not applying as he knows the rent would go to us so hes purposely not going ahead with the claim !!

I hope to god he does re apply !! then we can get back much needed rent !

[Carryon Regardless]

Small update, I've received another letter from the HB regarding this T.

He has been awarded an 'extended benefit payment' from 27th May to 24 June, amount £80.

As always these letters are designed to be as clear as mud.

The previous letter detailed dates 27.05.2013 17.06.2013 amount 240 so this latest overlaps and extends that by 1 week.

I assume the £80 is for 1 week extra.

Since he is due to be paid "at the end of the month" I wonder if another 'extended payment' will arrive ??