council refused to pay

[k4j]

Hi

I hope some one can help me with this. when my tenant came into arrears (more then 8 weeks) I told the council.
But I was never paid the HB directly because they told me they couldn't because they do not pay landlords directly....after coming here i know they should have paid me.
The problem now is is there anything I can do to get the money back? The tenant owed me 2 months of rent which he left without paying.
I know the council stopped his benefit when I told them he was in arrears. The tenant has told me since the council didn't pay him, he cannot pay me.
When I spoke to the council about why they didn't pay me the rent directly when I told them about the arrears, I was informed they believed he had left the property (even though he had not at that time).
Is there anything that can be done now?

[tom999]

The problem now is is there anything I can do to get the money back? The tenant owed me 2 months of rent* which he left without paying.
I know the council stopped his benefit when I told them he was in arrears.


The tenant has told me since the council didn't pay him, he cannot pay me. When I spoke to the council about why they didn't pay me the rent* directly when I told them about the arrears, I was informed they believed he had left the property (even though he had not at that time).

Council may be liable for any HB that the claimant was entitled to during the tenancy, but not unpaid rent* or rental arrears.
What proof do you have that tenant was occupying property at that time?
What proof does the council have that tenant was occupying property at that time (ask them, if you don't know)?
Is the tenant employed?

[k4j]

Council may be liable for any HB that the claimant was entitled to during the tenancy, but not unpaid rent* or rental arrears.
What proof do you have that tenant was occupying property at that time?
What proof does the council have that tenant was occupying property at that time (ask them, if you don't know)?
Is the tenant employed?

thanks for replying.
The tenant was not employed he was receiving JSA.
When the tenant was in 6 week arrears I told the council but they advised me they cannot do anything untill it was 8 weeks. I notified the council then. But they advised me they will not be able to pay it to me.
I later found out (from this forum) the council should pay it to me if he is in 8 weeks or more in arrears. So i got in touch with the council, they told me that they do not believe he was living at the property and therefore stopped the payment going to him as soon as i told them about the arrears.

They say they had an officer go around and to them it looked unoccupied...
I have been various time to the property to get the rent from him but he kept the blinds closed. Sometimes he would open the door and other times he wouldn't. The council also say they had a letter returned back to them....
which i am confused about.
When he left he put the key through the door in my house...and thats how i knew he had left the property.
How can i prove that he was there?

[tom999]

How can i prove that he was there?
Ideally, you could get a reliable witness (a neighbour) to write a statement verifying that tenant was occupying property on a certain date.


I hope some one can help me with this. when my tenant came into arrears (more then 8 weeks) I told the council.
But I was never paid the HB directly because they told me they couldn't because they do not pay landlords directly....after coming here i know they should have paid me.
The council should pay the LL direct if tenant has more than 8 weeks in rent arrears (this is part of HB Regulations 2006 (No.213), s.95). If this has not happened, make a formal complaint to the housing benefit department...and be persistent!

[k4j]

Ideally, you could get a reliable witness (a neighbour) to write a statement verifying that tenant was occupying property on a certain date.


The council should pay the LL direct if tenant has more than 8 weeks in rent arrears (this is part of HB Regulations 2006 (No.213), s.95). If this has not happened, make a formal complaint to the housing benefit department...and be persistent!

Thank you so much thats very helpful.

[Snorkerz]

They say they had an officer go around and to them it looked unoccupied...
I have been various time to the property to get the rent from him but he kept the blinds closed. Sometimes he would open the door and other times he wouldn't.

I'm not sure you should even need to prove he was there... the signed AST proves that he was liable for the rent wether he was in your place or in Benidorm!

[tom999]

I'm not sure you should even need to prove he was there... the signed AST proves that he was liable for the rent wether he was in your place or in Benidorm!The Council will ask for proof of dates T left property, especially if T falsely states that he had left early and LL is trying to claim any HB/LHA that was due. As its the T's HB/LHA claim with the Council (LL is a 'third party'), rent liability to LL as in AST is irrelevant, as this is a contract between LL and T.