"Allowing" a tenant to claim housing benefit
"Allowing" a tenant to claim housing benefit
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Discussion

livinginasia

Original Poster:

966 posts

140 months

Thursday 9th November 2017
quotequote all
Hi everyone, never had this before so am asking for some advice please.

I own a flat in the U.K. which is rented to a recently divorced lady and her two young children. Husband is the guarantor for the rent. Been in there a few months, rent always paid on time, lovely tenant from all accounts.

Had an email from the letting agent asking permission for the tenant to claim housing benefit as due to her status she is entitled to it. So here's what I don't know:

Is it my decision? If she is entitled to claim then surely is her choice?

Is there upside for me? More likely to pay maybe?

Is there a downside? To be fair, had a tenant come to me on benefits from day 1, then i would probably decline them.

Any advice welcome please. Many thanks

PurpleMoonlight

22,362 posts

187 months

Thursday 9th November 2017
quotequote all
Does the Lease prohibit benefit claiming tenants?

livinginasia

Original Poster:

966 posts

140 months

Thursday 9th November 2017
quotequote all
Ah that's a good question, I will ask.

anonymous-user

84 months

Thursday 9th November 2017
quotequote all
Have you not read the lease agreement to which you are a party?

If the agreement does contain a stipulation against the tenant receiving benefits, then you can agree to waive that.

livinginasia

Original Poster:

966 posts

140 months

Thursday 9th November 2017
quotequote all
Thanks Breadvan, I have read it but it was a while back and I couldn't say if that clause is there or not. I suspect it is hence why they have asked me. Traveling this week and the contract is at home.

The second part of my question is still valid - is there any downside by allowing her to take benefits?

Cheers for your reply

spookly

4,393 posts

125 months

Thursday 9th November 2017
quotequote all
If you already think she is a good tenant, then surely her claiming HB would only improve her finances and reduce the likelihood of missing payments in future??

anonymous-user

84 months

Thursday 9th November 2017
quotequote all
This. Contrary to PH myth, not everyone on benefits is a scumbag.

livinginasia

Original Poster:

966 posts

140 months

Thursday 9th November 2017
quotequote all
Thanks chaps, that was really where I was heading, just wondered if I had missed something.

anonymous-user

84 months

Thursday 9th November 2017
quotequote all
I assume that the woman is living in reduced circumstances due to divorce. If the husband as guarantor is good for the money you are probably OK anyway. Possibly the worst that could happen is that while the benefit claim is set up there could be a delay.

Borghetto

3,286 posts

213 months

Thursday 9th November 2017
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Presumably, the husband guarantee remains in force irrespective of how she funds the rent.

theboss

7,509 posts

249 months

Thursday 9th November 2017
quotequote all
As above, given that you have a guarantor, it shouldn’t matter to you whether she receives HB or not - if she defaults they the guarantor will become liable. I am the guarantor in the exact same situation for my wife (separated, divorcing) who also rents and claims HB. The landlord didn’t have any problem with this.

livinginasia

Original Poster:

966 posts

140 months

Thursday 9th November 2017
quotequote all
Thanks so much everyone, you have put my mind at rest. I have replied to them saying I am very happy for them to claim HB.

Thanks again

northwest monkey

6,370 posts

219 months

Thursday 9th November 2017
quotequote all
Like someone else mentioned, there will probably be a delay in you receiving payment - depends on the council though. Salford Council used to take anywhere between 8 and 12 weeks to process a claim, however it is back dated from the date the claim went in. If you use an agent, make sure they keep on top of any forms that need filling in & also see if you can set it up so you receive the payment direct. I've had a council cock this up in the past & pay a tenant about £1300 rather than me...

The other thing to remember is most councils do a 4-week payment run for HB rather than a calendar month. So if your rent is say £450pcm, it works out at about £415 every 4 weeks. You do get 13 payments a year though rather than 12 so it works itself out. Universal Credit is paid monthly though just to confuse things, but that hasn't been rolled out everywhere yet.

Forgot - check your insurance terms as they may not allow HB claimants - working professionals only.

Psycho Warren

3,087 posts

143 months

Thursday 9th November 2017
quotequote all
northwest monkey said:
also see if you can set it up so you receive the payment direct.
Direct payment to landlord is only allowed for those who are vulnerable or other extreme cases like gambling addicts etc.

nikaiyo2

5,964 posts

225 months

Thursday 9th November 2017
quotequote all
If mortgaged you might find that no HB is a term of the mortgage, its also worth checking with your insurer. I know the more mainstream BTL insurers wont insure for HB claimants, or at most will provide buildings cover only.

austinsmirk

5,597 posts

153 months

Thursday 9th November 2017
quotequote all
on a related subject (working in social housing)- we predict the current debt owed to us of £4m by current tenants will rise to £9m very swiftly when Universal Credit kicks in next year.

My reason for saying this, is I predict the utter collapse of the private rented sector to UC claimants shortly. indeed landlords flatly refusing to rent.

I think you need to know a bit more about yr tnt, their overall income and critically their outgoings to know if they can afford to remain. You might find someone now with a healthy benefits income will be in dire straits soon, when the caps start being applied and claims don't run smoothly OR are backdated (as they once were).

bottom line, IF on benefits can they afford to be in your home.

DurianIceCream

999 posts

124 months

Thursday 9th November 2017
quotequote all
Breadvan72 said:
Have you not read the lease agreement to which you are a party?

If the agreement does contain a stipulation against the tenant receiving benefits, then you can agree to waive that.
Wow, do people read that? I never read that!

northwest monkey

6,370 posts

219 months

Thursday 9th November 2017
quotequote all
austinsmirk said:
indeed landlords flatly refusing to rent.
I'm one. I've got 2 tenants left that claim benefits for their rent - one is HB and one is UC. Both are single blokes in their 60s and have been tenants of mine for 5-6 years. The days of me taking on as a tenant a 22 year old single mum with a couple of kids is long gone & Universal Credit is a lot to do with that (not just that, but a massive factor).

If I advertise a property now, it is excluding HB/UC claimants (that are solely relying on that benefit for their rent).

Ian Geary

5,621 posts

222 months

Thursday 9th November 2017
quotequote all
austinsmirk said:
on a related subject (working in social housing)- we predict the current debt owed to us of £4m by current tenants will rise to £9m very swiftly when Universal Credit kicks in next year.

I work in the finance side, and our housing debt has doubled in 2 years, as has the debt from over payments of housing benefits which is now much harder to recover (as it's something like 14th on the universal credit list to get repaid). And whilst claimants can "streamline" their application with just the DWP, they still have to contact the council to register for council tax support - which is like 95% identical to the conversation they've already had with the DWP anyway...

It's stupid, as is the in-built feature to delay a payment for the first 6 weeks (expecting the claimant to simply use their savings to tide them over - haha).

And councils also face a requirement for families to not be in B&B for more than 6 weeks. Result: no claim ever gets processed before the family are moved on (and so a new claim must begin). Arrears all round.

The actual idea is quite good, but some implementation decisions - and the fact it's being used to slice away benefit expenditure at the same time - is what's daft.

Of course, the real problem of why we have people unable to afford rent near where they work without a state subsidy, (or to flip round - why they're not earning enough to afford a home near where they work) are going unasked and unanswered by the government.


Ian



Sir Bagalot

7,099 posts

211 months

Thursday 9th November 2017
quotequote all
Another thing to check is who is responsible for over payments.

If your tenant receives HB but it's later established that they weren't actually entitled to it, then if paid directly to you, the council are coming directly to you for repayment.

I have a HB tenant, have done for years, and occasionally there is a blip on the rent payments which has lead to £2K+ of arrears. It's happened three times over the years, phone calls don't have the desired effect, but I've now learnt that s S21 does biggrin