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essexlandlord
31-03-2008, 14:03 PM
Hi all

I have just dealt with a claim for Housing Benefit where the tenant has been on recieving a small amount of help towards a property they have been renting for 8 years.

Their landlord has told them if they do not stop their claim for HB and reclaim under the LHA scheme they will not renew their tenancy.

is it OK for a landlord to put their tenant under pressure to do this?

p.s For the record if someone is better of under LHA and can cope with losing a weeks payments there is nothing to stop them doing this.

jax2503
31-10-2008, 15:19 PM
Hi Essex Landlord,

This is a question that most people have asked. The tenant can only be re-assessed if their is a Change in Curcumstances. If the tenant claims that they have changed their circumstances they will have to provide proof of such. If no proof is comming then the housing benefit office may suspend or even cancel their award.

I understand why it works to do so, my advice is no it cant be done ethically and without breaking the law.

The only way round this is to have a break of 1week where the tenant cancels the claim and claims at another address for a week to show that he has moved and then say that they are moving back to their old house as the one they are in is not suitable. They then move back start a new claim and get assessed under the LHA rules and awards.

Now the award chages or is reviewed monthly, so where the landlord may have been better off if the tenancy started in the month of October it may not be the case if the tenancy agreement starts in November.

Also if the landlord is to push the tenant into doing this, they will have to do a new tenancy agreement in which case the deposit if any that the tenant paid will have to be protected under the tenancy deposit rules.

I would advise your friend to advise the landlord that it is not fair and how hard it is to do, the councils are aware of what landlords are trying to do and dont take kindly to it.

Hopefully someone on the forum will come on and post to advise if this is illegal or not. I personally dont think it is, the landlords can end the tenancy for any reason he wishes, however unfair they may be.

Hope your friend gets sorted out.

Jax


Hi all

I have just dealt with a claim for Housing Benefit where the tenant has been on recieving a small amount of help towards a property they have been renting for 8 years.

Their landlord has told them if they do not stop their claim for HB and reclaim under the LHA scheme they will not renew their tenancy.

is it OK for a landlord to put their tenant under pressure to do this?

p.s For the record if someone is better of under LHA and can cope with losing a weeks payments there is nothing to stop them doing this.

johnboy
31-10-2008, 18:52 PM
Hi Essex Landlord,

The only way round this is to have a break of 1week
Jax

Now thats what I thought. But I have just been handed a letter by a tenant from the council, I cant remember the wording but it said words to the effect that they believed he would be better off on the LHA and would he like to be put on it. No mention of a break in the claim at all.

I am also having new tenants HB payments made direct to me as well without any differcaulties.

It looks like they can bend the rules when it suits them.

jax2503
31-10-2008, 19:17 PM
Hi Johnboy,

I am making sure I have all the paperwork to state that the tenant is vunerable, so as payment can be made directly to me. you are right about the councils bending hte rules. If they pay rent to the tenant knowing the tenant wont pay you then the council can be help responsible for making the tenant homeless. They have a duty of care, if the tenant doesnt pay rent the council have to re-house them. The council dont have any housing stock left, they need private landlords.

If you are getting it no problem then good for you, I get it no problem with some local councils but some are sticklers ot the rule. Then I have to fight them, I do win.

Jax


Now thats what I thought. But I have just been handed a letter by a tenant from the council, I cant remember the wording but it said words to the effect that they believed he would be better off on the LHA and would he like to be put on it. No mention of a break in the claim at all.

I am also having new tenants HB payments made direct to me as well without any differcaulties.

It looks like they can bend the rules when it suits them.