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Aug, 2014

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  1. #1

    Default LHA allowance and 8 week rule

    does anyone know how the 8 week direct payment rule works?

    if the tenant misses the first advance monthly paymen say 1st jan, then misses the payment next month say 1st feb , doesnt the 8 week apply on the 2nd feb according to the new LHA guidance?

    council benefit admins sometimes are useless and go with the old rules. anyone had similar experience? i dont see much point demanding money from an Hb tenant, and feel that section 21 and accelerated posession is e best route together with getting my direct paymwnts.

    Also what are the risks of direct payments? I am trying to weigh the risks between serving a section 8 or go down the section 21 route . there are 4 months left on the AST and tenant will be in more than 8 weeks worth of rent arrears in a weeka time.

    I also have a guarantoor but was thinking to recover monies through a small court claim.

    My tenant didnt want me or my agent to have access to his beenefit which in a way is sucpicious. But the only 'encouraging' comment is my agent spoke to the council through a one off approval by the tenant and council said tHey suspended payment and now have all paperwork to process and it would take up to 30 days to process. This was said by the council not the tenant.

    I need to understand the 8 week rule better and also worry that council administration is terrible.

    Any guidance would be greatly appreciated!

  2. #2
    Join Date
    Oct 2009
    Posts
    4,901

    Default

    I have found good advice to be to isssue Section 8 & 21 at the same time. Then, when the time comes, you can decide which route seems most appropriate. (I suspect it might be 21, as tenants often seem to find repairs needed when they get a Section 8 notice.)

    If you have a guarantor, you don't need to kick tenant out at all do you? Just write to guarantor and ask for missing rent.

  3. #3

    Default

    Well the agent has done that too. But I wanted to explore the lha paid directly by the council. the guarantoor didnt respond

  4. #4
    Join Date
    Jul 2008
    Location
    help@tenancyservices.co.uk
    Posts
    15,862

    Default

    Quote Originally Posted by coolandr View Post
    the guarantoor didnt respond
    People rately pay someone elses rent voluntarily If you have sent a letter before action to the guarantor then it may now be time to take them to court.

  5. #5
    Join Date
    Jul 2012
    Location
    North West
    Posts
    1,745

    Default

    YOur T needs to pay 4 weeks in advance. When they are 8 weeks in arrears ask the HB to pay you. Give HB a copy of statement showing 8 weeks in arrears.

    However, if your TA does not say that T is responsible for overpayments this could be an oversight in your agreement so rewrite it for next time. If, say, female T has bf to stay then her HB might not cover this and you will be liable for overpayments.

    You have a guarantor. It is no surprise to me that the G did not respond.

    I am in the same situation. Issue a Section 8 and a Section 21. Make sure your dates are absolutely correct. Make sure you site all grounds.(google grounds for possession)

    Write to T and G and include rent statement. Send 2 copies from different post offices and get cert of postage. Request arrears are paid. State that should a court award a CCJ(county court judgment) they may have difficulty getting credit, a loan, mortgage or tenancy in the future, difficult. Give them 14 days to clear the arrears.

    If your T texts you about repairs ask T to put it in writing.

    If your G is working you can get an attachment of earnings so the payments come to you before the G get i.

    My T is now on S8 and S21 and court date is soon. G has not responded to any of the letters so just before possession I will be claiming against T & G Money Claim On Line (so T gets letter at property address).

    G is claiming pension so might need to put charge on property. I've not done this before so will ask the nice peeps on here about this.

    I hope my experience helps you.

  6. #6

    Default

    Thanks thats very useful experience! When is someone 8 weeks in arrears?

    So, assuming payment in advance on the first day of each month, if first month payment is not made, then the 2nd day of the next month (payment also not made on month 2 day 1) is the tenant in 8 weeks arrears?

  7. #7
    Join Date
    Oct 2006
    Posts
    7,053

    Default

    Quote Originally Posted by coolandr View Post
    Thanks thats very useful experience! When is someone 8 weeks in arrears?

    So, assuming payment in advance on the first day of each month, if first month payment is not made, then the 2nd day of the next month (payment also not made on month 2 day 1) is the tenant in 8 weeks arrears?
    No, that would be 2 months(not 8 weeks)unpaid.

    The longer the council take to deal with it, the better for you(unless you need the money immediately).
    Council staff don't usually have a firm understanding, and they also have the discretion to pay you at anytime, it doesn't have to be because the tenant is "at least" 8 weeks in arrears.
    Stalkers, please go over this comment with a fine tooth comb.

  8. #8

    Default

    Quote Originally Posted by thesaint View Post
    No, that would be 2 months(not 8 weeks)unpaid.

    The longer the council take to deal with it, the better for you(unless you need the money immediately).
    Council staff don't usually have a firm understanding, and they also have the discretion to pay you at anytime, it doesn't have to be because the tenant is "at least" 8 weeks in arrears.
    Thanks for the useful info. Just to understand this beter, in what sense council taking longer is better for me?

    Also, if no payment comes from this money to me when the tenant is over 8 weeks in arrears I would like to investigate the direct payment route although I do understand this carries its own risks. FYI, I have already written to the council suggesting the tenant is a month in arrears, the reply I got is that they cant discuss the tenant's claim due to data protection act. Anything else you can think of and I can do at this stage?

  9. #9
    Join Date
    Oct 2006
    Posts
    7,053

    Default

    Sorry, I thought you had already asked for direct paymement. Do it NOW by phone and in writing.

    If the tenant isn't entitled to any of the money paid to them(via the landlord), then the HB department will seek a refund.
    They may seek it from you.
    Stalkers, please go over this comment with a fine tooth comb.

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