Housing Benefit - first payment to landlord

[Mikey_London]

First payment was made to landlord. The rules seem to say that this happens when there is a delay with first payment. Landlord is very unhelpful and has returned the cheque to the Council. My rent has not been in arrears as i found money through credit (ouch!).

 

Council has said they will issue first payment to me if 1) the landlord returns the cheque and 2) i provide a letter from the landlord saying my rent has not been in arrears.

 

I've replied saying landlord won't help and make a statement that rent is not in arrears and explained why. And sent them one of the threatening letters from MBNA to support the fact I had used credit! I also said I didn't think it reasonable that It should also depend on the landlord returning the cheque as that is out of my control.

 

I also read that the first payment should be sent to me to pass on to the landlord but they addressed it to them.

 

If they say no how can I progress it?

 

If the landlord was helpful it would be easy. I undertand why HB would like the first cheque back - but they could always stop it.

 

 

NB. the HB people have been quite good so far.

[lynski3053]

Hello,

 

I am a landlady and have in the past had tenants who have been on HB.

 

Normally when you fill in the application form for HB there is a box for you to tick to state weather you want the HB paying to you or to be paid direct to your landlord. The HB Dept then follow your instuctions.

 

The HB Dept will know if the cheque has been cashed and if not can put a stop on it of you ask them to. Also if your landlord has cashed the cheque and shouldn't have then the HB Dept can either chase the payment from him or reduce what he owes them from any future payments they make to him on your behalf.

 

If the HB Dept are being helpful like you say and the landlord is being awkward then ask the HB Dept to write to the Landlord on your behalf asking for the info that they require. At the end of the day if your Landlord wants his rent then he should do as they ask.

 

Hope this helps.

[Emma1973]

With it being a new claim (I'm guessing this from it being a first payment) are you not on Local Housing Allowance rather than HB? Any new claim since April 2008 which is made to a private LL should be on LHA.

 

If this is the case unless you are counted as 'vulnerable' payment will always be made to yourself, LL can apply to have it paid directly to them as long as you are 8 weeks in arrears.

HB claimants havent been able to request the payment is made direct to the landlord for quite some time.

 

Peeps may be able to give more help if its known whether you are on HB or LHA