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xblondyx
07-04-2008, 19:40 PM
Hi.
Is there any private landlords who will accept dss by an 18 year old mother of a 2 year old daughter. 2 bedroomed flat/house in the sandwell or dudley area.
Thankyou

Smiler
07-04-2008, 21:10 PM
This person will only be entitled to housing benefit for a one bedroom place

Esio Trot
08-04-2008, 15:55 PM
This person will only be entitled to housing benefit for a one bedroom place

There must be different legislation in your part of the county, in our locality the parent and child are each entitled to a separate bedroom under housing benefit - it is the same for Local Housing Allowance.

Mind you, if you live in the Peoples Republic of Harringay, it would not surprise me.

jeffrey
08-04-2008, 16:06 PM
It may depend on age of child. See Part X of Housing Act 1985 re "Overcrowding" and the room/space standards in s.325/326.

Paul_f
08-04-2008, 17:12 PM
This person will only be entitled to housing benefit for a one bedroom placeRemember Housing Benefit is no more for new tenancies and replaced by Local Housing Allowance (LHA) which means a prospective tenant can choose what property they like (providing they can make up the difference!). AND the "DSS" doesn't exist anymore and hasn't done so for years

caroline7758
09-04-2008, 16:34 PM
Whether under old or new rules, this household is entitled to two bedrooms no matter where they live in England and Wales (not sure about Scotland).

evsenos07
25-04-2008, 23:27 PM
Hi
I Know Housing Benefit Is A Bit Of Of A Sore Subject With Some Landlords, But Im Wondering If There Is Any Landlords Who Take Housing Benefit Here, We Are Looking For A 3/4 Bedroom Semi Or Otherwise In Braintree Chelmsford Colchester, We Are A Decent Family Who Would Treat Your Home With Respect, Ps We Dont Intend To Be On Housing Benefit In The Long Term,its Just We Need To Relocate Further South, As We Have A Special Needs Child Of 15 Who Needs Further Education, And Here In Grantham Lincs Cant Provide It, We Could Pay Up To £1000 Pounds For Right Property, So If Theres Anyone Out There Who Could Help!! Please Get In Touch.

Thanks In Advance

Colincbayley
26-04-2008, 08:29 AM
Hi
I Know Housing Benefit Is A Bit Of Of A Sore Subject With Some Landlords, But Im Wondering If There Is Any Landlords Who Take Housing Benefit Here, We Are Looking For A 3/4 Bedroom Semi Or Otherwise In Braintree Chelmsford Colchester, We Are A Decent Family Who Would Treat Your Home With Respect, Ps We Dont Intend To Be On Housing Benefit In The Long Term,its Just We Need To Relocate Further South, As We Have A Special Needs Child Of 15 Who Needs Further Education, And Here In Grantham Lincs Cant Provide It, We Could Pay Up To £1000 Pounds For Right Property, So If Theres Anyone Out There Who Could Help!! Please Get In Touch.

Thanks In Advance

That would be me. HB no problem, Kids no problem, Braintree Area no problem.

Send me a PM for details.

tracey5
02-04-2009, 20:41 PM
i just cant help get angry about this sort of thing.......we arent all bad you know even working tenets can be non payers etc........ive been a tax payer for years but then got rather ill which has left me disabled......mind you the benefits that i get i still pay tax on them........my husband works part time as i need him at home not only for me but i have a disabled son and 4 other sons.........i live in a h/a house far to small im sleeping on the sofa,7 years ive been waiting to be re housed to no avail....to be told after all the hospital letters etc....me and 9000 others are waiting.......so private rented is our only way...........but the min i say benefits they must think oh my god.....i have reffs from landlord,part time work,volentary work........its mad.......i just want to sleep in a bed make sure my children are brought up correctly is a safe home with some space(they good kids all school or education dont hang around streets there to busy with hobbies) we dont have pets or smoke everything most landlords want but benefits its just a plain old NO........:mad:

Mars Mug
02-04-2009, 20:51 PM
There are landlords that have HB tenants, I do. They are considered higher risk; landlord’s insurance premiums are a little higher reflecting the extra risk. Local authorities can create extra problems for landlords when they need the tenant to move, by advising the tenant to stay, often without payment, until court repossession is granted.

Esio Trot
03-04-2009, 09:25 AM
The attitude of the local Council is one significant factor in why many landlords do not want to get involved in benefits. It seem to me that many employees in the benefits office have the attitude that landlords are evil leeches and anything they can do to frustrate them in trying to obtain rent is good. Plus many councils are lethargic in dealing with claims.

Our local council has been slow for years, but is currently taking over THREE MONTHS to process a claim (I have this week complained to my MP about this, as DWP are meant to set targets and ensure that these are met).

A standard working person will pay rent and deposit up front. Most benefits tenants can hardly manage the deposit, let alone rent being paid up front. When a landlord is looking at a hole in his cashflow of over three months, it is no wonder that they will invariably go for a working person.

Additionally, it is standard practice in our office that once the rent is unpaid for two months we have to issue a eviction notice under s8 of the Housing Act. Two weeks later we recommend to the landlord that court proceedings are issued - it has to be done in case the claim is rejected. All the charges of this action are due from the tenant, making their situation even worse.

Private landlords do not operate as a social charity. They have an expensive asset that they are likely to have borrowed a significant sum to purchase it and have to pay the costs of the borrowed money regardless of whether the rent come in or not.

orson
04-04-2009, 04:59 AM
Got to agree with everything Esio Trot says. We take tenants on HB and LHA and it is a fact that the Local Councils that we deal with are a complete nightmare. THREE MONTHS is quite quick, we have a Tenant that moved into a property at the begining of December 2008, we finally received a payment from him this week (on 30/03/09). This is still a month's rent short as they pay four weekly in arrears. The council staff refuse to deal with us because of "data protection", and continually refer you to speak to the Tenant. The only thing these jobsworths are trying to protect is public awareness of the true level of their laziness and incompetance.

tracey5
04-04-2009, 08:26 AM
when it comes to HB on the form theres a bit that the T can get the L to fill in and then the T give autho for the coucil to talk to the L about the T claims i always do this so then theres 2 of us asking about it this just helps to speed things up.....this is up to each T if they wish to do this.

when it comes down to rent in advance and deposits.......most tennets will be on some sort of benefit and social fund will give intersts free loans to help pay this that the tennet pays back out of there benefit i know this because thats how i have done it before.

just a shame that so many of us are missing out due to getting hb for what ever reason.just because hb cant get it together faster.

Emma1973
04-04-2009, 11:14 AM
But the payment of HB direct to the landlord has changed with the introduction of LHA, the T cannot request that the HB is paid directly to the L from the beginning of the claim.

If the LHA applies to you, the LA may pay it to the L if it:
thinks you are likely to have difficulty managing your own financial affairs or that it is improbable you will pay your rent (this really comes down to a question of capacity) Even then its for a maximum of 8 whilst the LA thinks about the situation or:
has already made direct payments in other situations when payments must be made, i,e incapacity, you are on certain benefits and DWP has decided your L can be paid for arrears (and then only part of it) or:
you have 8 or more weeks rent arrears, when reduced to less than 8, these direct payments stop. Then these direct payments can take place only if you agree.

May being the important word, the idea of LHA was to allow people to conduct their own financial affairs, so the option to pay direct has been taken out of the T and L hands. You can request it once the arrears have been built up to 8 weeks, but the LA is under no obligation to do so.
getting HB and there are arrears, any outstanding HB may be paid to the L.

You can allow L to communicate with the LA but this now has to be done in a seperate letter by the T.

So it is not above the realms of possibilty that LHA/HB can take up to 11 weeks to be assessed, the tenant then receives the cheque and decides not to pay the L and get that new telly instead meanwhile the L still has to keep his obligations, pay his mortgage,etc whilst someone lives in his house rent free. His only option then is to evict that person incurring yet more costs, and no guarantee of a quick repossession due to judges reluctance to evict T at this time.

And the above is why L are reluctant to accept those on HB/LHA
One small item of comfort for the L regardless of HB or LHA is that if a tenant leaves a property for which they were

Emma1973
04-04-2009, 13:42 PM
Darn cut and paste, this mouse is driving me mad! :mad:

Its actually the end to another sentence just above, but to save reading it again it is:

'One small item of comfort for the L regardless of HB or LHA is that if a tenant leaves a property for which they were getting HB and there are arrears, any outstanding HB may be paid to the L.'

islandgirl
04-04-2009, 17:11 PM
as far as I understand it, if the LL has not been paid by the tenant but the HB has been given to the tenant (who may have spent it on the aforementioned flat screen tellly) you have no chance whatsoever of getting anything from the council. They will only pay once. You would have to seek the money from the tenant (ex tenant?) who is liable to be a "man of straw" so no chance. Been there, done that (unfortunately). Perhaps that was meant by arrears (arrears of payment by council to tenant) but thought it best not to give false hope! Remember, everything is only paid once.

Emma1973
04-04-2009, 22:09 PM
Indeed, only if there is any outstanding HB that has not yet been paid to the T, this can be paid to the L for arrears.

sangina
05-04-2009, 11:22 AM
We are DSS tenants who have had a very stressful time claiming LHA/HB. It is all because when you are ex-homeless you do not have a lot of ID so basically they delayed our claim until I had further ID. I have just received birth cert and NINo card yet our landlord still wants us out regardless of whether the claim is sorted. Where is the justice in that????

Oh and thanks to the council we are 3 months in arrears!!!!!! We have an MP; solicitor and ombudsmen involved as they mistreated us.

mumof4
10-06-2009, 22:00 PM
Good evening, apologies if i have posted in the wrong section. I found this forum by pure chance whilst searching for information.

I have a few questions if i may, but first a bit of background so that you will understand my ignorance in the letting/ tenant field.

I am as my name suggests, a mum of 4 kids. I was born into the forces then married into it and that marraige broke down 2 yrs ago, so i had to leave the accomofdation i was in.

Last year in February, was my first excusrion into civvy street and believe me, it has been a nightmare.

I am in a small 3 bedroom house, which is privately rented. My two eldest are now 10 and 12 and i am now eligible for a 4 bedroom house. I have no chance with the council so i am trying to find a 4 bedroom house privately.

My first question is this. I recieve full LHA, i am up to date with my rent, in fact i am one month in advance even though i am paid in arrears. I;m not a crap tenant, nor am i a tenant that will trash a place when they leave. Yet any place i have seen that would suit my needs, i do not qualify as i recieve LHA, classed as DSS. Why do some landlords not allow DSS? i have asked estate agents, letting agents, and none will say anything other than the landlord doesnt allow it.

I had help getting into this house financially from the Benevolent fund, who paid 6 months rent for me, as my credit score is pretty bad, due to my ex running up loads of debt and us ending up having to take out IVAs, just before we split.

I know i will fail any credit score, i know that finding a new house is going to be very hard, i have been told it is an 8 yr waiting list for the council, so i have no choice but to find a private rented place.

My other questions, i did find a house, i asked the estate agent if they would accept me, they said no even though it didnt state in the advert, no DSS.. i asked the agent if they would speak to the owner of the property, explain my situation for me, and ask if they would reconsider. Nope i was told.

I have a 7 yr old autistic child who needs her space, i have a 12 year old diabetic who wants privacy, yet i cannot provide for them as i cant find anywhere to live that will accept me. Unless i want to be stuck on an estate, or in the middle of terraced houses. My 7 yr old will wander off, will walk away with anyone who speaks to her, her safety is my priority so i cannot move into a house that is surrounded by many others.

Gawd, i have wittered on. Apologies.

I guess i would like to know why no one will accept me as a tenant. being brought up in the forces, married into it means i know how to take care of a house, clean it to a high standard, and keep it that way. yet i do not understand why no one will have me as a tenant because i recieve LHA, can anyone please explain to me why??

If you managed to read this to the end. Many thanks.

djc111
10-06-2009, 22:48 PM
Hi

Sorry to hear you're having problems.

In answer to your question regarding LHA - from a landlord's point of view .....

Firstly, most landlord's insurance companies, in my experience will not cover accidental / malicious damage caused by DSS tenants. This makes such tenants a high risk.

Secondly, the governement have not helped the situation by paying LHA directly to claimants. Before this was the case, when landlords were paid directly .... yes, it took a while for them to get payments sorted, but at least once they were sorted, landlords had regular, guaranteed payments.

However, there are a percentage of claimants who know how to play the system and do it very well. Whilst I am not suggesting that you are one of them, it is often not worth the risk for a landlord.

We have had 2 DSS tenants - each ended up costing us over £1000 in rent arrears and court costs. With the one tenant, the Benefits office would not even discuss her rent arrears with us as she hadn't given her permission, nor did they even have us on their records! How she continued claiming despite all that and us imforming them of the arrears is beyond me ... but it happened.

I'm sure you will find somewhere, it just may take you a little longer because of your situation. Do you have someone who could be a guarantor for you? This may give some extra reassurance to a prospective landlord.

Good luck

mumof4
11-06-2009, 07:09 AM
Many thanks for the quick reply and explanations.

I myself would prefer it if my rent was paid direct to my landlord, as it is, my rent goes in one day, and its out within 3 days. Ive never missed a payment and i actually opened another account just for my rent to be paid into and paid out of. I dont touch that account at all for anything else.

It is a crying shame that because of some people being bad tenants, that most of us good ones get penalised.

Can it not be that prospective landlords can ask previous landlords what the tenant was like? if any problems etcc?

And a shameless plug also, if anyone has a 4 bed somewhere between gainsborough and newton on trent, that accepts people like me < and we have a dog> let me know?? If im not allowed to say that, then apologies. But i am now getting desperate for a 4 bed house.

As for a guarantor, i have no family and few friends as i only moved here last year.

mind the gap
11-06-2009, 08:17 AM
I am sorry to hear of your predicament and I agree that it seems harsh that you are discriminated against for no good reason.

All I can suggest is that you contact your local council and any disability rights groups in your area and ask if they can help you find somewhere suitable. I do not know whether they will be able to, but it's worth a try.

In a way, it's an equal opportunities issue, but I don't know what the criteria are for diabetic and autistic children in terms of their parents' access to housing services.

The other practical measure you could take (if you haven't already) would be to put postcard-sized ads in all the newsagents in the areas you would be happy to live in, explaining what you are after. I have written quite a few of these in my time (for LLs and tenants) so do send me a pm if you would like any help wording an ad so as to maximise your chances of getting replies.There is no requirement at this stage to reveal you are on LHA, unless LLs ask. If you come across as a decent, responsible person when viewing properties and can supply a referee who will vouch for your character and rent payment record, LLs may be reassured. The sticking point may in fact be the dog, rather than the LHA.

Another avenue would be to go in, in person, to local estate agents with your ad. Ask if they know anyone who would be interesting in renting such a house to you medium term, rather than selling it. There are large numbers of 4-bed family homes which are just not selling at present and some owners would I'm sure, be willing to consider this. It might give you a year or two's grace in a better sized property, during which you can keep your eyes open for a longer term let.

I wish you all the best in your search.

Mars Mug
11-06-2009, 08:30 AM
It isn’t just that some claimants ‘play the system’ there are plenty of cases where landlords have had to go all the way to getting people evicted using bailiffs because the LHAs will not re-house people until they are forcefully evicted so the tenants are between a rock and a hard place, and the whole process costs the landlord big time.

Shoegirl
16-06-2009, 01:28 AM
I have been renting through a letting agent for just over 3 and a half years and am on disablity benefits because of my health and i paid a bond and the months rent in advance and i chased up the housing benefit to make sure that it got sorted as quickly as possible and in the mean while i made sure the rent was paid on time. My rent has always been paid on time, have never missed a payment and i do top up the rent out of the money i recieve as the housing benefit didn't cover it all. My priorty has always been my rent and my bills. Not all people who recieve benefits are the same.

Beeber
16-06-2009, 16:47 PM
My priorty has always been my rent and my bills. Not all people who recieve benefits are the same.

It is important to understand that few landlords discriminate against benefit claimants because it clashes with their political views or they stereotype claimants. Some landlords actually make this their policy after having bad experiences of their tenants in this group. Others because the system around it serves landlords so badly. Others because its simply bad business, nothing personal.

It lets down perfectly good tenants who are impacted by the shortage of social housing and find the private sector doesn't serve them as well because landlords aren't a branch of social services that can fill this vacuum since the right to buy and population growth has impacted the availability of cheap housing.

Not all people who receive benefits are the same but they belong to a risky group that is more vulnerable to get into arrears and it can be hard for a landlord to identify those that prioritise the payment of rent and keeping the property in good condition from those that won't.

It is virtually impossible to get any arrears back from a person who has no income or savings and someone who doesn't pay the rent from the moment they move in, to the moment they are evicted and who damages the property, can easily rack up losses of many thousands of pounds.

It's also important to understand that a lot of landlords who will not accept HB/LHA do this because of the system which operates very differently to rent from working tenants and because council's are incompetant at processing claims and follow a 'gate-keeping' policy which means that claimants that are bad tenants are harder to evict.

http://www.guardian.co.uk/money/2008...1/debt.renting

This alone is a significant reason why many landlords will not let their properties to benefit claimants, some of whom (according to threads on this forum) deliberately engineer their eviction in order to become priority cases for the local council to house (because of their statutory obligation to house the homeless).

There are significant differences in the system for paying rent through the state than privately. For example, the rent level set by the local authority may be a lot lower than market rent, is paid 4 weekly in arrears instead of monthly in advance, the council may take months to make the first payment and bad tenants are harder to evict.

In this respect, it would be better to put the blame for the frustration on the government and local councils who seem to do their best to disadvantage their claimants and who are responsible for the shortage of social housing.

Shoegirl
17-06-2009, 10:40 AM
I see what you mean beeber, i think that the councils should speed up the whole process for housing benefit. I can understand that if landlords have bad experiences which is unfair to the landlord then it puts them off.

I moved in to private renting, because i had lived in a ha and was living with the neighbours from hell which was affecting my health which wasn't great to start with. I tried to get rehoused, did all the diarys etc and this went on for a number of years. In the end i had enough and went to look for private renting, it wasn't easy but i got there in the end. It is the best thing i ever did.

Emma1973
18-06-2009, 14:18 PM
People should also remember that if the HB people have all the information that they need from the tenant, the HB can make a payment after 14 days, called an interim payment. These are not discretionary, they must pay you an amount which it considers reasonable.
They can only be refused if it is clear you will not got HB or you have not provided the info.

Its always worth LA's and LL's with LHA and HB tenants reminding them of this. But they must ask for an 'interim payment', not a 'discretionary housing payment', these are two entirely different things

Sportingdad
19-06-2009, 06:31 AM
It isn’t just that some claimants ‘play the system’ there are plenty of cases where landlords have had to go all the way to getting people evicted using bailiffs because the LHAs will not re-house people until they are forcefully evicted so the tenants are between a rock and a hard place, and the whole process costs the landlord big time.

This is becoming standard practise in many London Boroughs, LHA shafts the Landlord/Agent and then expect help in the future. No wonder they get HB tenants a bad name.

Beeber
21-06-2009, 20:51 PM
People should also remember that if the HB people have all the information that they need from the tenant, the HB can make a payment after 14 days, called an interim payment. These are not discretionary, they must pay you an amount which it considers reasonable.
They can only be refused if it is clear you will not got HB or you have not provided the info.

Its always worth LA's and LL's with LHA and HB tenants reminding them of this. But they must ask for an 'interim payment', not a 'discretionary housing payment', these are two entirely different things

I'm not familiar with how this works. Is it the case that the interim payment goes directly to the tenant and must be applied for by the tenant?

And is the payment made on the 14th day or is that just the time limit before the claim cam be submitted? So might it be that by the time that it has been processed and then forwarded by the tenant to landlord, it might be 3 weeks into the tenancy before the landlord gets a penny?

Also, I do recall some landlords being frustrated by the passivity and poor admin of the tenants who won't follow up on their claims and don't accept responsibility, believing the arrears to be a problem between council and landlord, rather than between them and the landlord.

I know the switch from HB to LHA which included payment to the tenant, rather than the landlord, is attempting to change the culture and force the tenant to take charge of handing over the rent and sorting out their budgets.

Emma1973
22-06-2009, 08:28 AM
The LA are supposed to give you a decision on your claim within 14 days ( if anyone has ever had that please let me know!) or if that is not reasonably practicable asap.
The interim payment comes in if they have not done it 'within' 14 days, so I think you have to give them the full 14 days, then apply on the 15th day, I've not come across a LA yet that automatically gives out interim payments without them being asked!
And yes, because it will be LHA from now on rather than HB, the payment would have to be given to the tenant, to pass onto LL. It may well take 3 weeks, but thats a damn sight better than the 10 weeks that Manchester LA are taking to process HB claims at the moment!

sherry
26-06-2009, 17:15 PM
I had a HB Tennant...I foolishly let her rent my house without a deposit, as it was a friend of a friend and at the time,all I was interested in, is that the rent was being paid. This tennant was living in my house, but had informed DWP that she had moved out 3 months prior to moving out. I knew nothing until I received an overpayment letter from DWP. It took them 3 months to send me this overpayment letter...I sent several letters informing them that the tennant was still in my house....but it is not their problem...they wash their hands of it and I had to pay back 3 months rent regardless, as their computer says no... where is the common sense? This tennant, then pocketed 3 months rent whilst still living in my house....Thank You MR BROWN! If I issue a 6 month contract, the DWP, should honour that, or get confirmation from the Landlord that the contract has mutually ended....and this is where the problem lies...

sherry
26-06-2009, 18:02 PM
Just wanted to add, it makes it worse now that the DWP pay rent direct to the tennant. If a landlord is prepared to put a roof over a HB claiments head, then the rent should without a doubt be paid directly to the landlord, regardless of their situation. This payment is for their rent, not for any other needs...ie..drink, drugs, fags, flashy new clothes...etc..so why not give direct to the landlord? Any honest tennant would agree and would not have a problem with this...so why does the goverment have an issue? It would almost certainly help the honest DSS claiments to find new homes, especially as the goverment can't provide them.

A HB tennant gets free Council Tax which is paid by HB....would HB say to the tennant, here you go, I will send you your Council Tax Money each month, in expectancy that they will then pay their own Council Tax...No, I don't think so! so what is the difference? Whats good for the goose, is good for the gander!

Sorry, but I am an angry landlord that had to pay back 3 months rent even though the tennant was still living in my house, because she claimed to have moved out 3 months earlier....why do HB take no notice of the Landlord?

I would gladly take on an honest HB tennant...but after my experience, it will take a lot of reassuring.

tom999
26-06-2009, 19:42 PM
If tenant is in your house for 3 months, and claiming HB/LHA (local housing allowance) then LA (local authority) has obligation to pay HB/LHA for rental payments. 1 month's rent as a deposit would be a minimum - 2 months would be better. Also get written permission from tenant to discuss HB claim with LA, so if ANY arrears accumulate, e.g. within first 8 weeks of tenancy, you can discuss any issues direct with LA.

If you had proof that tenant had not paid rent (e.g. your bank account statement) and proof tenant was living at the property, (e.g. bills in her name), then I would be more persistent with the LA.

Agree 100%, its a stupid system (introduced last year for all new HB claims) where tenant (with no financial responsibility) gets paid (taxpayers) money to spend as they wish (like kids in a sweet shop). Ironically, LHA was introduced to give tenants more reponsibility for their own financial affairs.

The result will be good private LL's will flee from HB letting for good, leaving the LA with an even longer council housing waiting list! Talk about shooting themselves in the foot.

All too easy for the freeloaders to sponge off the state (which all working tax payers are funding). There should be a stricter system of means tested benefits, i.e. those fully fit and able to work and who choose not to work, should be given very limited benfits and poorest housing.

Not all HB tenants are bad - I know many who are good folk, but its the minority who (decide to steal HB money) and tarnish the reputation of others.
All IMHO of course. ;)

helprequired
26-06-2009, 20:47 PM
In defence to the housing and council tax benefit department the delays with the claims input are mainly due to the tenant applying. Evidence of income and benefits coming into the household has to be supplied when making a claim. The claimant gets sent a reminder and given a date otherwise the claim gets cancelled. If the tenants supplied what was requested the claim would be sorted within 10 days. Most claims are delayed by the tenants themselves. Under the new LHA rules benefit goes direct to the tenant and so right the new rules annoy the landlords because they have to go out and collect their own rent as before this was done for them by the council. If you have a tenant which would rather buy a new flat screen TV than their rent it shows the landlord should have vetted the tenants a bit better. If there is a delay in the claim it is back dated and yes it is paid four weeks in arrears. There is a lot of DHSS tenants that do not respect the propertys they take on, will not pay their rent and this is the real reason why landlords do not want to take in these tenants.

rajeshk4u
27-06-2009, 02:27 AM
I did have a tenant who admited she had bad payment history e.g. had her credit cards torn. I told her, I would accept her only if she could get a letter from the housing office that money would be paid directlly to the landlord. She was happy with this, since she said she was bad with money.

The housing office refused to provide such assurances by way of letter. So I had no option to reject her.

sherry
28-06-2009, 20:43 PM
Hi Tom999

I did have the signed authority to speak to LA with regards to this persons claim and the rent was being paid direct to me......but it took them 3 months to send me the overpayments letter. When I confronted the tennant that I had received the letter, she denied all knowledge by saying that she did not understand why I had received the overpayments letter. I received the letter at the end of september.

After contacting LA, It was explained that the tennant had filled in a new claim form at the beginning of July stating that she was stopping with her friend and was now paying her rent, even though, she was still in my house....I could not believe, that she had bare faced lied to me....By God, they must have had Christmas on me!

I told LA that I had just spoken to her at the property that she was renting and was still living in... and that I even had workmen performing repairs..during the period that she claims to have been living elsewhere...but LA just don't want to know....Its not their problem!

I agree, they have shot themselves in the foot...they have no houses, so how are they going to give them somewhere to live?

I do sincerely sympathise for the honest HB claiments...but when the bad ones get away with it, it does put you off.

sherry
28-06-2009, 21:00 PM
In defence to the housing and council tax benefit department the delays with the claims input are mainly due to the tenant applying. Evidence of income and benefits coming into the household has to be supplied when making a claim. The claimant gets sent a reminder and given a date otherwise the claim gets cancelled. If the tenants supplied what was requested the claim would be sorted within 10 days.

How can you defend housing and council tax benefits department....My tennant filled in a new claim form at the beginning of July, so why did it take 3months for me to receive an overpayments letter? If they had sorted it out within 10 days, I would not have had to pay back 3 months rent.

My other question...why do HB not pay council tax drect to the tennant in the expectancy that they will pay it each month.... easy answer, because they wont! They think it is quite acceptable to pay rent direct to HB Tennants in expectancy that they will pay the landlord! So how is this fair?

tom999
28-06-2009, 22:35 PM
My other question...why do HB not pay council tax drect to the tennant in the expectancy that they will pay it each month.... easy answer, because they wont! They think it is quite acceptable to pay rent direct to HB Tennants in expectancy that they will pay the landlord! So how is this fair?

Agree 100%!

I think 'helprequired (http://www.landlordzone.co.uk/forums/showpost.php?p=142595&postcount=4)' actually works in a HB department.

Also, I have met many council estate tenants, and have noticed that for council properties, the council gets their rent paid DIRECT from HB. :rolleyes:

Why? Same reason as you stated above - give tenant LHA/HB money and they will spend it like kids in a sweet shop - on anything other than rent!

Smells very badly of a two-faced system. One rule for the council and another rule for private LL's. Good luck to the councils with their increasing housing waiting list - 'cos private LL's are fleeing from the HB sector in droves...

Mrs Jones
29-06-2009, 09:15 AM
Also, I have met many council estate tenants, and have noticed that for council properties, the council gets their rent paid DIRECT from HB.

I think you will find that Housing Associations also receive HB/LHA direct! There reason for this which was quoted elsewhere was that "otherwise their cash flow would be severely affected....." says it all, really.

Write to your MP.

susanne
03-07-2009, 18:21 PM
i have a HB tenant who is spending my rent on renting a field and buying feed for the biggest horse in the county ......

lets see - what are my priorities ?

housing my 2 children or feeding a horse... ?

She has income from 6 different sources - income support/child benefit/LHA/carers allowance/cash from her ex husband and is working in a local farm for cash ....

you could not make this up

tom999
04-07-2009, 08:46 AM
"lets see - what are my priorities ?
housing my 2 children or feeding a horse... ?"

Of course, the LL may evict (or have rent paid direct) after 8 weeks in rent arrears, but even then, its a crazy system where the local authority has an obligation to re-house the homeless (ex-tenant). :rolleyes:

Another example of a very badly thought out LHA system that is obviously not working...

rajeshk4u
04-07-2009, 23:40 PM
I received a silly letter from the DSS stating that if they find the tenant has a job on the side and not declaring it or has a parter and has not told the DSS, then all the rent paid will be reclaimed from the landlord.

I got angry at this letter. Here is the thing, I am in the business of providing accomodation and not snooping on my tenants. What powers do I have? Did the government give landlords the power to order all bank statement for their tenants?. Would any bank provide me with a tenants bank statement on demand?. Only the authorities have the power to order bank statements.

If a tenant has made a fraudulent claim. How would a landlord know what benefits a tenant is entitled to or not?. I am not trained on benifits etc...

Or say, if someone tells the DSS they are a single partner, but has her partner is living with her. I am not a private investigator!. The DSS has people who are investigators, I don't!. I don't have the power to tap phone calls or sit outside properties snopping with binauculors....

For instance, if a DSS tenant get casual work, how would I know that they have told the DSS office. Do they tell landlord about every change in circumstance?

Yet this is typical disrespect for landlord. If the tenants makes fraudent claims and spends some of their claim to buy food from Tesco. Then do the DSS go to Tesco and demand a refund?. So why go after landlords? The DSS is looking for easy targets.....

Why would a landlord knowingly take a tenant that is making fraudulent claims?

In my mind, what the DSS is saying we can be slack, but if we spot something, we are going to get the money back from landlords!.

I would rather like to see the DSS take responsibility and make sure the money they hand out is correct.

tom999
05-07-2009, 06:36 AM
I received a silly letter from the DSS stating that if they find the tenant has a job on the side and not declaring it or has a parter and has not told the DSS, then all the rent paid will be reclaimed from the landlord...
I would rather like to see the DSS take responsibility and make sure the money they hand out is correct.

This is the risk a private LL takes if he/she has HB T's and accepts direct payments for rent. Under the new LHA system (from April 2008), AFAIK (please tell me if I'm wrong), if LL receives payments direct, the LA (local authority) is entitled to recover any overpayment, even if LL couldn't have known LA were paying too much. If the overpayment occurred because of a change in T's income or family, the LA will ordinarily pursue the tenant for repayment.

The RLA were running some courses 2 years ago on clawback's and how LL's can prevent this happening - may be worth having a look at more recent courses:
http://www.rla.org.uk/landlord/courses/course13.shtml?ref=rla_learning_page

Other option is to ensure that you don't take direct payments, so LL is not responsible if there is a change in T's circumstances.

rockedboat
08-07-2009, 23:46 PM
Arrgh, sorry OP spent ages writing a long post and my laptop mouse messed up and went back a page so lost it.

Anyway its a common thing now or just more publicised, I left home 8 years ago and even then because I just left home and wasnt working was turned down from many places, in fact had some tell me I sounded like a great tenant and the sole reason was I was on benefits and to give them a ring back when working as they thought all benefit claimants stayed up all night and drank and had friends round and my first few places were run by landlords who exclusively letted to benefit claimaints and charged more for box rooms which hadnt been decorated in years and often had bugs and fleas because they knew that the tenants couldnt find elsewhere, all of these bedsits had meters in EVERY room, even the bathroom was metered and the kitchen, then a seperate one for an ancient washer and all had say a £3 a week standing charge.

I had to get a provident loan to pay the £200 deposit for somewhere and ended up paying about 3x back!

rockedboat
09-07-2009, 00:18 AM
Being on LHA I can honestly say the system is flawed but no matter if the rent is paid direct it causes problems for the person who isnt paid direct i.e if rent is paid to LL they hold all the power. I used to get it paid direct to LL but had one claim pay an extra 5 days(instead of starting it from the Monday after, as I moved in on the Friday they backdated it 4 days) and landlord refused to give me the cash or use it as credit saying it was "his money" not mine and I should not get a penny from council as hes the landlord, and after many faults occured in the housle like the window frame rotting and full of bugs and him entering my room without permission and storing a full size cooker and in process putting a massive hole in my wall I wrote a letter to council saying to pay me direct and he forged a letter in my name and got it paid to him again then a few weeks later found the locks changed and all my stuff(minus rent book, tv, microwave etc all of value and mine) and him saying hes the landlord so he can do what he wants, the same LL rented a bedsit to a friend and when he started work the council forgot to close his claim so paid landlord direct and my friend gave him a cheque for the full rent each week and 2 months later got contacted from council saying they wanted the overpayment back from my friend as he claimed fraudulently as the landlord claims he didnt know my friend was working and had not recieved any rent from my friend!.

It works both ways.

havensRus
11-07-2009, 09:08 AM
Being on LHA I can honestly say the system is flawed

Good to hear that opinion expressed by a tenant.




.... It works both ways.
It does work both ways, but more often than not, against the Landlord. The system is stacked squarely against landlords, and the council officials usually view us as guilty until proven innocent!!

Without hearing the other side of the story, it sounds like you have had a raw deal from your landlord, which is unfortunate. The additional days of HB should have been credited to you. Your landlord should operate within the terms of your tenancy agreement-and I don't think locking you out is a standard term - it is an extreme option taken in extreme frustration/anger?

Your friend's case seem to buck the trend-as councils would normally look to reclaim overpayments from the landlord if they had received the monies directly!! Your friend should have informed the council about his change of circumstances-its his responsibility. Hopefully, he can resolve it with proof of the payments he made to the Landlord.

havensRus
11-07-2009, 10:22 AM
I got angry at this letter. Here is the thing, I am in the business of providing accomodation and not snooping on my tenants. What powers do I have? Did the government give landlords the power to order all bank statement for their tenants?.

Yet this is typical disrespect for landlord. ... So why go after landlords? The DSS is looking for easy targets.....


A symptom of the nanny state that we now live in .... This government sees landlords as easy targets, and the new LHA reflects the disdain they have for us. Those in the Councils who implement the laws are working for government, so are on the same side. And these are the same people who will quote "data protection act" for their refusal to give you any information about the tenants HB claim or anything to help prevent the problem in the first place.

The whole housing law needs reform - in my view, as there is no reason why anyone should owe me 2months rent before I can start proceedings to get my property back. Nor should I be paid in arrears when the same council will pay the RSL rent in advance.

The main flaw in the LHA system is the lack of sanction or repercussion for the tenant who doesn't pay the benefit to the landlord. It is legalised theft ... and judging by the extent of the MPs expenses scandal, is it any wonder they haven't a clue as to the realities or implications of their ill-thought out laws!!

The best we can do is arm ourselves with enough knowledge of the system to make it work - for those who still have the stomach to take on HB tenants.

johnboy
11-07-2009, 12:38 PM
The landlord or agent is aways the easy option to claim back a overpayment because they know how hard it is to get a payment from a tenant who hasnt got it or doesnt want to pay.

The councils want landlords to accept tenants on LHA but never seem to take them into consideration which then means there are less properties.

havensRus
16-07-2009, 10:00 AM
It isn’t just that some claimants ‘play the system’ there are plenty of cases where landlords have had to go all the way to getting people evicted using bailiffs because the LHAs will not re-house people until they are forcefully evicted so the tenants are between a rock and a hard place, and the whole process costs the landlord big time.


This is becoming standard practise in many London Boroughs, LHA shafts the Landlord/Agent and then expect help in the future. No wonder they get HB tenants a bad name.

It is standard practice for Local Authorities to advise tenants (HB or otherwise) not to leave the property without eviction notice, otherwise, the T would be seen as making themselves voluntarily homeless and will not get help for rehousing from the council. I have dealings with several councils in Cambs/Lincs and its the same across the board.

havensRus
16-07-2009, 10:05 AM
all of these bedsits had meters in EVERY room, even the bathroom was metered and the kitchen, then a seperate one for an ancient washer and all had say a £3 a week standing charge.


standards for HMOs are different now, but there are still rogue LLs who do not meet these standards.

As for every room being metered, it is the only way to ensure utilities are paid for by those who use them, and they pay for what they use. Where the utility is included in the rent, Ts end up turning heating on full blast and leave windows open, or leave appliances/lights etc. on permanently because they say "it is included in my rent so I will use it". Needs must. We run HMOs and we have had to retrofit meters in some for this very reason. Guess what? useage dropped dramatically to more sensible levels.

tom999
16-07-2009, 10:19 AM
"standards for HMOs are different now, but there are still rogue LLs who do not meet these standards."
If there are rogue LL's who do not comply to current HMO standards, they should be reported to the local authority.

"Where the utility is included in the rent, Ts end up turning heating on full blast and leave windows open, or leave appliances/lights etc. on permanently because they say 'it is included in my rent so I will use it'."
If utilities included in rent, use florescent/energy efficient bulbs/strips on all lighting, automatic/timer switches in the hallways etc, timer switches for boiler (if house has full GCH) in a locked enclosure, and agree with T's timer settings.
Charge separate monthly amount for bills and tell T's this may need topping up or reviewing to pay any outstanding bills.

havensRus
16-07-2009, 11:40 AM
If there are rogue LL's who do not comply to current HMO standards, they should be reported to the local authority.


Agreed. Some are well known and intimidating - to the point where Ts are afraid to report. And LAs do know some of these LLs but seem powerless to do anything - or lack resources to do it.




If utilities included in rent, use florescent/energy efficient bulbs/strips on all lighting, automatic/timer switches in the hallways etc, timer switches for boiler (if house has full GCH) in a locked enclosure, and agree with T's timer settings.
Charge separate monthly amount for bills and tell T's this may need topping up or reviewing to pay any outstanding bills.

One LA insist that boiler be permanently on, but all rads have TRVs so the T can turn heat on/off. And being a licensed HMO, we had to comply!! So yes, we billed separately for utilities-but then the T's complain its too high and pay rent but not the utility bill. Hence the retrofit of meters. It worked!! Horses for courses.

Fitz
19-07-2009, 13:33 PM
I once had a very bad experience with a HB Tenant and had a major run in with my local Council over it. Basically they were protecting a Tenant who was being paid HB and was not forwarding it to us as Landlords (that's basically Benefit Fraud). This went on for sometime with us eventually going to the local Paper with the story, on the eve of it being printed we was told the story had to be pulled because of a legal claim against the Paper by the Council. The Council wouldn't sanction the 8 week rule for some reason as they believed the Tenant was paying us even though she couldn't prove it and we could prove she wasn't. With this we now only accept a HB Tenant if they have a Guarantor, they need to be working and are a Home Owner. That for us does hold some security and we get money from our local authority in the Process. Even over a few claims I have mentioned the above to any HB Officer who contacts me, they all seem to know about it and go out of their way to help now. Funny that!
For me in summary Council's are as bad as HB Claimants, I have a word for both of them but better not use it here.

lavy
21-07-2009, 13:46 PM
This is a very unfair system for landlords on a national scale this has been debated at a local council run housing providers forum by the private landlords that I attend. A lot of LL now are refusing LHA tenants for the reasons pre mentioned. The responce from the Housing Benifits team that was present at the meeting was that there hands were tied with the new rules made by central government.It was then decided to invite our local M.P. to the next meeting who could then voice concerns to central government . If all Housing Provider Forums up and down the country could do the same and get there M.Ps involved then maybee the Government might listen and make changes . They need Private landlords as they have not enough social housing and they are driving them away by there system and incompetence and delays . Time to make a stand hope you all agree and can do you bit in your area .

havensRus
21-07-2009, 14:25 PM
I'm in an ongoing "dialogue" with a HB Team Leader regarding a late paying tenant. I quoted the relevant S.213, Para 95.. to them, and they promptly came back with the following:


Thank you for your reply and I have noted your comments.

The Department for Works and Pensions Guidance refers to the amount of rent owing as being time served and therefore we only take into account the amount of rent due to date.

For example, a new tenancy agreement could be issued with the terms that the rent is due 2 months in advance which would automatically mean that the claimant would be in 8 weeks arrears at the beginning of the tenancy and therefore payments would automatically have to be made direct to the landlord. We have had this situation before with other landlords and have always been guided by the DWP interpretation.

Based on this information, payments will therefore currently continue to be made direct to the tenant.

You do however have the right to appeal this decision in which case the decision would then be considered by our Appeals Section.


So I asked for an explanation of the "amount of rent owing as being time served", and got the following:


Please see below copy of relevant guidance which we received from the DWP policy team in September 2007.

You have requested clarification, on the answer Sheldon has put forward in the specific scenario that has been quoted.

Consideration can be given to making a first payment to the landlord as stipulated in your answer, however, regulation 93 of the Housing Benefit regulations 2006 states that : " A payment of rent allowance shall be made to a landlord - where.... the person is in arrears of an amount equivalent to 8 weeks or more of the amount he is liable to pay his landlord as rent"

The Department for Work and Pensions' interpretation of this regulation is that a person cannot be in arrears in respect of a period of occupation that has not yet been served. It is advisable not to stray away from this position, which is similar to that put forward by Sheldon.


NB Sheldon works for an independent company that advises Local Authorities on benefits legislation.

I've googled Sheldon and came up with nothing relevant. Went to the DWP website and searched for anything with Sheldon, and came up with a document in welsh adn english by a Chris Sheldon which was nothing to do with HB, so I'm going back to the HB team leader to ask for the specific document reference.

This Sheldon person is effectively contradicting the standard norm of paying rent in advance.

If that's the guidance HB offices have been given, its no wonder we are being shafted. So why do Councils get the LHA for their tenants paid to them directly and in advance??

The whole system STINKS.

tom999
21-07-2009, 20:28 PM
The first bit in green is standard HB waffle, which my local authority also has in their LHA literature, i.e. this seems to be to protect themselves (or their 'customers') as some LL's state in their AST's rent is paid 8 weeks in advance, (so if T makes no payment at tenancy start, T is at least 8 weeks in arrrears) and (theoretically) LL can get rent paid direct at tenancy start.

However, (correctly written) AST is a legally binding document - isn't it???
So, T is legally obliged to make payments as stated in AST?

HB's interpretation of "amount of rent owing as being time served" may be that no matter what AST states, rent can only be due during the term of tenancy (i.e. not 8 weeks in advance of tenancy start)

"The Department for Work and Pensions' interpretation of this regulation is that a person cannot be in arrears in respect of a period of occupation that has not yet been served." confirms this - T cannot be in arrears if tenancy/occupation of property has not yet commenced.

The Housing Benefit Regulations 2006 (http://www.opsi.gov.uk/si/si2006/uksi_20060213_en.pdf [Page 84]) [page 84]

"95. (b) where sub-paragraph (a) does not apply and the person is in arrears of an amount equivalent to 8 weeks or more of the amount he is liable to pay his landlord as rent, except where it is in the overriding interest of the claimant not to make direct payments to the landlord."

The above is open to interpretation as it does not state whether rent is paid in advance or not.

I would challenge HB's interpretation and ask for specific housing law to back it up.


"So why do Councils get the LHA for their tenants paid to them directly and in advance?"
Beats me. Makes life easier for them, I guess... :rolleyes:

"The whole system STINKS."
True.

In answer to those who wish to churn out the usual dross like: '...but no-one forced LL to take on HB tenants...'
If only HB would work with private LL's to provide social housing (of a high standard) and reduce the housing waiting list...a 'potential' Win-Win situation...Now there's a thought!

Seriously though, its something which I will be raising at a LL's meeting with my local HB dept. in a few months time. I suggest all interested LL's do likewise - its only by asking difficult questions we will get answers!

claireannejames
22-07-2009, 16:59 PM
As a HB tenant previously (and about to claim again) who used the council's deposit scheme to move into our rented flat, I have every sympathy with Landlords, and still can't quite believe our luck in finding a Landlord prepared to rent to us, and one who is so nice and bends over backwards to help out. The council go out of their way to make renting to people such as us a complete nightmare, through no fault of ours.
When we moved in we needed the tenancy deposit scheme to pay our deposit, this took 8 weeks to organise despite being 'fast-tracked' and I had to borrow money from numerous family members to make the move in date and pay the deposit and first months rent upfront, I was so lucky I was able to do this, God knows how other HB claimants are expected to manage especially if dealing with a Landlord through a lettings agency, the agency just pulls out and tells you to go away while they find the landlord another tenant. It took me almost a year to pay my family back.
Then in order to move in, they insist the landlord forks out for electrical (on top of the usual gas certificate), which usually require hundreds of £s of unneccessary electrical 'safety' work that they wouldn't be obliged to do for a non HB tenant.
Councils don't just 'advise' tenants that they should stay put until a court judgement is obtained before landlords can evict, (as a previous poster states) they actually insist that tenants HAVE to do this or they will not qualify to be re-housed by the council as they will be deemed to have made themselves voluntarily homeless.
(The previous poster who said tenants deliberately try to get evicted so the council will re-house - this is rubbish, as if you do anything that could be construed as making yourself homeless eg defaulting on rent they will not house you).
Councils are increasingly relying on private landlords to rent to HB tenants, I'm sure they must by now be realising they have to change their rules and sort this out or they will have no landlords left. I know in some areas of London they are already offering schemes where they will guarantee rental income even during void periods if you sign your property over to them for HB tenants, but that's not the way most private landlords want to go, they have to give HB tenants the same ability to pay landlords their HB promptly and remove the unfair stipulations over court orders - contractual notice served correctly should be sufficient, why the hell isn't it???? HB tenants don't want to upset and be unfair to their Landlords, it is so unfair that we are sometimes FORCED to by the council.

claireannejames
22-07-2009, 17:09 PM
Incidentally, on the question of councils paying HB to landlords direct, tenants do have the option to allow councils to do this. If I was a landlord about to rent to an HB tenant, I would insist that this was a pre-requisite of my renting to them... although as a tenant claiming only partial HB, I prefer to have it paid to me and then pay my landlord the full rent monthly, just to keep things simpler for us both - but then, the agency insisted on a guarantor before we moved in, and our landlord was happy to trust me, bless him. Luckily for him I'm totally trust worthy :D

Emma1973
22-07-2009, 17:56 PM
Sorry Claire, as mentioned before on this forum, tenants can no longer request the HB to pay them direct, this rule came in with LHA. Only if the tenant is deemed 'vulnerable' can they ask for the LHA to be paid direct (and they have to prove it), or if the tenant is in 8 weeks arrears or more, then the LA must pay it direct to the LL. But once the arrears are under 8 weeks it is most likely to go back to direct payments to the LL

tom999
22-07-2009, 18:47 PM
Hi Claire.

Good to hear your point of view.

"Councils are increasingly relying on private landlords to rent to HB tenants, I'm sure they must by now be realising they have to change their rules and sort this out or they will have no landlords left."
By just reading the comments from HB landlord's on this forum and others, the general concensus seems to be that council's are obstructive in working with HB landlords (presumably as its their customer's HB/LHA claim), and there is absolutely no sign of this changing.

"I know in some areas of London they are already offering schemes where they will guarantee rental income even during void periods if you sign your property over to them for HB tenants"
Yes, these schemes do exist, in various forms; some more attractive than others, but are not widespread throughout the UK.

"HB tenants don't want to upset and be unfair to their Landlords, it is so unfair that we are sometimes FORCED to by the council"
TBH the council are at the cutting edge of the new LHA rules which they now have to work under. Problem is that council's interpretation of the rules can vary considerably (as explained in posts above)

"Incidentally, on the question of councils paying HB to landlords direct, tenants do have the option to allow councils to do this."
This is no loinger the case, and changed with LHA, which was introduced nationally in April 2008.

citizenz
23-07-2009, 11:01 AM
Just been caught by a tenant who did not pay over the benefit which had been received. Seems there is nothing I can do about it. I cannot affort to loose 8 weeks rent.

Sorry but never again. It is too risky.

citizenz
23-07-2009, 12:10 PM
Sorry mumof4. I helped a mum of three and now I am paying the price. She has kicked me in the teeth good and proper.

The system is geared against the landlords. My guess is that you will find things increasingly difficult.

There is nothing to stop you taking 8 weeks rent money and using it for anything you fancy. No landlord will be prepared to accept this.

tom999
23-07-2009, 14:25 PM
(1) As with any 'investment', property needs careful research and risk assessment before entering it. With HB/LHA sector, that usually means:

Hope for the best, e.g. a model tenant, who looks after and appreciates the property and pays rent on time.
Plan for the worst, e.g. rent arrears, property damage.
Expect the unexpected, e.g. tenant fleeing property after turning it into a drug den, council clawing back HB/LHA overpayments from landlord.


If you're not able to plan for the above risks/rewards, then try another sector...

"Sorry but never again. It is too risky."
(2) You're not alone!

claireannejames
23-07-2009, 21:12 PM
Oh my goodness, yes I'm just filling out the HB form ready to make our claim when my employment contract ends next week, and I see they have changed the rules about direct payment to landlords, you have to have written evidence from GP, social services, etc to say that either: you have difficulties with English, you are a drug, alcohol or gambling addict (!), you are recently released from Prison (!!), you have severe debt problems or are an undischarged bankrupt (!!!!), or unable to open a bank account... All require documentary proof.
WHAT are the councils trying to do to us HB claimants????? ensure that no private Landlord will ever rent to us again? WHY? Is it because they want to direct things towards their own sponsored Housing Associations who are private companies but seem to be on a nice little earner stitching up business from the council, whilst making out that private rental for HB tenants is an open market? I smell a foul stench.
God help us if our own lovely Landlord ever needs us to move on, we will never find another Landlord who will rent to us, hopefully my lottery numbers will come up before that happens....

tom999
23-07-2009, 23:53 PM
"WHAT are the councils trying to do to us HB claimants?????

Councils are enforcing LHA rules handed down to them by government. A couple of the objectives of LHA quoted by the DWP are as follows:

"• Fairness: LHA is designed to pay the same amount to tenants with similar circumstances living in the same area. The existing HB tied the level of benefit to the rent actually being paid (subject to a range of restrictions applied by a rent officer)
• Personal responsibility: The intention is that paying the allowance to the claimant will encourage them to take responsibility for their budgeting and paying their rent themselves rather than have it paid for them."

"ensure that no private Landlord will ever rent to us again?"
Given the current legislation, its likely that the current pool of private landlords accepting HB/LHA will be reduced to a trickle.

You could always write to yor MP. :)

rockedboat
27-07-2009, 16:23 PM
Sorry mumof4. I helped a mum of three and now I am paying the price. She has kicked me in the teeth good and proper.

The system is geared against the landlords. My guess is that you will find things increasingly difficult.

There is nothing to stop you taking 8 weeks rent money and using it for anything you fancy. No landlord will be prepared to accept this.

Yet landlords are willing to accept working/student tenants who may not pay either. That is often what gets me how is it any harder to get cash from a benefit claimant than a working claimant who may spend all their income anyway.

jta
27-07-2009, 16:30 PM
Yet landlords are willing to accept working/student tenants who may not pay either. That is often what gets me how is it any harder to get cash from a benefit claimant than a working claimant who may spend all their income anyway.

With a working T there is always the chance to get a court order and raid their bank account, students normally have to have a guarantor.

If somebody is on LHA, then it follows that there is no point in chasing them. The new rules are definitely loaded against the private landlord.

rockedboat
27-07-2009, 16:36 PM
With a working T there is always the chance to get a court order and raid their bank account, students normally have to have a guarantor.

If somebody is on LHA, then it follows that there is no point in chasing them. The new rules are definitely loaded against the private landlord.

But like I say what if the working tenant has no money, and as I have said before none of the student properties I have seen have needed guarantors but none have been in big cities so it all seems more about major "what if" scenarios, a working tenant doesnt mean they have lump sums in savings especially in current climate and a student doesnt always use a guarantor.

So with no guarantors and a tenant in a minumum wage job why does landlords favour them?

I can see why landlords are worried about HB tenants but most I speak to generally just say its not about money but because they think benefit claimaints will stay up every night listening to loud music as they dont have jobs to go to and be less respectful of property in general since they are there more often.

citizenz
05-08-2009, 07:48 AM
I have finally seen my property now my tenant has sort of moved out. I say sort of because she has left some property behind. She is now homeless so I am worried that she is entitled to move back in.

The house was in a very good state 3/4 of the house had been repainted in November but now it all needs redoing. It is full of rubbishand dog excrement, all the cupboard doors are broken, there are several broken windows.

I have been living in my house had three children and we have never broken a window or replaced a cupboard door in 25 years.

clear
06-09-2011, 15:00 PM
Ive had this trouble for over a year now as i started looking when i was 3 months pregnant and my son is now 6 months and were still at home. The council in my area encourage you to look privatley as they say they do not have enough council housing and yet the letting agents and most landlords refuse rent express as its called in my area because people on benefits are unreliable and thought to be lazy, they also have a problem letting to people with children due to as one landlord put it 'mess control'. When you do find a private landlord however the council send up to thrity people to view it so you still have little to no chance. i been refused after a viewing privatley 15 times. in terms of council in my area its done through a bidding system which i find totally unjust. no longer a first come first serve basis and decided through banding of gold silver and bronze, the first two bandings have prority over the later and unless your living on the street or under the social services you have no chance of being in it. and even then if someone knows someone in the council, has a disability or is seeking asylum they will be placed above everyone else, and even then they keep 30% of housing in a private folder and only if your in a hostel can you view this. its high time the government sorted out the housing system once and for all, for god sake there are families living in hostels because the councils have no where to put them.