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Sep, 2014

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  1. #1

    Default Attachments of Benefits

    Can a Landlord obtain an Attachment of Benefits?

    If so how do we go about it?

    From information gathered it appears that only the Council can obtain an Attachment of Benefits for Council Tax arrears etc. Is this correct?

    Any help or assistance would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
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    the criminal court can but I think it is quite rare in civil cases though I have no basis for this "thought"!

  3. #3
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    I know little about this but:
    a. L might be able to obtain an order, similar to Attachment of Earnings, via a Civil Court; whereas
    b. a Local Authority might have either that power or also obtain an order in Criminal Court proceedings- but not paying Council Tax is a civil (not criminal) offence, so how does the Criminal Court become involved?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  4. #4
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    I know that attachment of benefit orders are given for non payment of TV licences etc - there is a "private court" which is part of the criminal system which deals with this sort of thing plus benefit frauds, environmental issues etc

  5. #5
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    But not paying for a TV licence (if one is lawfully required) is a criminal offence, I think. Is not paying Council Tax?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  6. #6
    Join Date
    Mar 2009
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    447

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    Yes you can apply for an Attachment of Benefits order for rent arrears.


    Housing costs excluding mortgage interest (for customer’s current address)

    Rent arrears and service charges (for customer’s current address) which includes arrears of :
    Miscellaneous accommodation costs
    Hostel service charges
    Gas, electricity and water

    Water and sewerage charges (for customer’s current provider)

    Fuel costs (for customer’s current provider)

    Council Tax (CT) arrears

    Unpaid fines or compensation orders

    Child Maintenance Enforcement Commission (certain elements)

    Housing Benefit and Council Tax Benefit recoveries on behalf of Debt Management Service

    All of these as it happens!

    http://www.dwp.gov.uk/docs/creditor-handbook.pdf

    Have a butchers at that link to get some info on how to apply as a Third Party Creditor, however they can only take small amounts out of benefits, particularly if the person has other deductions.

  7. #7
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    Sep 2005
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    As I understand it compensation gets paid first, then criminal fines then everything else! The most I have seen come out of benefits is £5/week for a criminal fine.

  8. #8
    Join Date
    Jul 2008
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    Quote Originally Posted by Emma1973 View Post
    Yes you can apply for an Attachment of Benefits order for rent arrears.
    <snip>
    Have a butchers at that link to get some info on how to apply as a Third Party Creditor, however they can only take small amounts out of benefits, particularly if the person has other deductions.
    It would appear that the standard landlords claim - unpaid rent & damages for a house that T used to live in - isn't covered

  9. #9
    Join Date
    Feb 2007
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    Quote Originally Posted by Emma1973 View Post
    Have a butchers at that link to get some info on how to apply as a Third Party Creditor, however they can only take small amounts out of benefits, particularly if the person has other deductions.
    Thanks for the link Emma1973. Interesting stuff.


    Quote Originally Posted by Snorkerz View Post
    It would appear that the standard landlords claim - unpaid rent & damages for a house that T used to live in - isn't covered
    "The areas in which arrears can be managed by use of the scheme include:
    ....
    • Housing costs excluding mortgage interest (for customer’s current address)
    • Rent arrears and service charges (for customer’s current address) which includes arrears of:
      Miscellaneous accommodation costs
      Hostel service charges
      Gas, electricity and water"
    It may be that 'The Third Party Payments scheme' 'includes' the above, but is not exclusively so.

    • "Housing Benefit and Council Tax Benefit recoveries on behalf of Debt Management Service"

    Also may be covered by this, for example, if tenant is in 8+ weeks rent arrears, and has absconded, as in this case AFAIK local authority, will not pay rent arrears to LL, but HB/LHA due.

  10. #10

    Default

    Thanks for the link Emma1973 we read through this to see if we can put in a claim.

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