Am I obliged to tell landlord/agent I need to claim HB on a property I am trying to rent?

[MARONE]

Hi thereI need to move and am finding it very hard to find a place to live that accepts people on DSS, the only friend I have has very kindly lent me some money for a deposit and has tried finding me a place but when he informs the prospective landlord about benefits I am told they do not rent to DSS tenants.My friend suggested lying or not saying anything to try and get a place this way.I am getting increasingly worried and depressed at my situation, I am on long term sick with a severe back problem and have no family apart from this friend who has been like a saint but I can't keep turning to him for help because I don't want him to get fed up with me.Thank you

[Nystagmite]

I'm sure I was once told that DSS payments can affect the land lords' mortgage?

[raydetinu]

no you dont HAVE to tell the LL about the HB payments, but you will have to answer questions about income etc. and get refereces and they may do credit checks.

So will probably find out anyway, so if you tell porky pies that wont get you a place either.

[caledfwlch]

I'm sure I was once told that DSS payments can affect the land lords' mortgage?

 

Pretty sure thats complete rubbish. File it in the urban myth bin with "credit reference agencies blackball addresses"

[Snorkerz]

I'm sure I was once told that DSS payments can affect the land lords' mortgage?

 

Pretty sure thats complete rubbish. File it in the urban myth bin with "credit reference agencies blackball addresses"

 

1. Many mortgage lenders DO NOT allow their customers to let to benefit claimants - fact, not myth.
   
2. Many insurers will either not cover properties let to clamants (Direct Line for example) or charge more (the majority of the rest)
   

MARONE: You don't have to tell the landlord if he doesn't ask. If he asks and you lie, you could be evicted under Section 8 of the 1988 Housing Act (Ground 17). If you lie, and the landlord financially suffers (say from 1 or 2 above) then you could become liable for that loss.

 

I have written this webpage for people in your situation. http://tenancyanswers.ucoz.com/index/renting_on_benefits/0-55

[mariner51]

No you DON'T have to declare HB but as above you lay yourself open if you lie.

LL will eventually find out as you should be required to provide AST to HB who may then contact LL to confirm you are a current T at that address. Blame ID theft and the ease of 'modifying' & reprinting scanned docs.

[The Carpet Cleaners]

but they cannot contact the LL without your consent............ data protection act....

[mariner51]

Carpet Cleaners, slightly inaccurate. Council can require LL to provide name of T (fraud prevention) this does not breach DPA. Council will not provide LL with Ts claim details without Ts DPA consent nor can LL ask if Mr T has submitted a HB claim. LL can legit ask Council if any HB claim has been received for his property

and the Council would have to say Yes or No if LL was known to be property owner.

[caledfwlch]

Carpet Cleaners, slightly inaccurate. Council can require LL to provide name of T (fraud prevention) this does not breach DPA. Council will not provide LL with Ts claim details without Ts DPA consent nor can LL ask if Mr T has submitted a HB claim. LL can legit ask Council if any HB claim has been received for his property

and the Council would have to say Yes or No if LL was known to be property owner.

 

But the whole point of HB being paid direct to the claimant instead of the LL is precisely to combat unfair discrimination against people on benefits by Landlords - ie because your paying him, he will not know you are on it...

[Steve__M]

One of my tenants has told me he has claimed housing benefit and noone from the housing benefit office has ever contacted me.

 

I don't think that LL knowing about tenant's housing benefit claim counts as "unfair discrimination" - while it fortunately wasn't a problem to me, my tenant's rent was late by a month a couple of times because of problems with the claim.

[mariner51]

But the whole point of HB being paid direct to the claimant instead of the LL is precisely to combat unfair discrimination against people on benefits by Landlords - ie because your paying him, he will not know you are on it...

So nothing to do with paying HB to T & allowing T to keep the diff if they found a cheaper property, then, a few years back.

 

HB is allowance to T, granted and some LLs did cash in with direct payments and not telling Council when T vacated, many other LLs lose out because Ts spend HB on other things rather than rent. Nothing to do with discrimination IMO as many full time workers can claim HB and still avoid paying rent. Most Private individuals are exempt from DPA, I believe, otherwise everyone would have to pay & register for storing info in their email contacts or paper address books.

[billpayer]

No you are not unless specified in your tenancy agreement, but even then most landlords would never know as the HB payment is made to you direct. The only problem you may incur is a delay in your initial payment.

[45002]

I can understand that a tenant may not wish to tell a landlord about a claim for HB,but

 

When a Tenant claims HB,on the HB form you have to supply landlords address,failure to do so and councils can refuse to pay HB.

 

but they cannot contact the LL without your consent............ data protection act....

 

Councils at any time during a claim for housing benefit,can legal contact a landlord without the tenants permission to confirm tenants details and so on and to prevent Fraud.

[backofbeyond]

I moved into my rented property (private landlord) in November last year and we were paying rent, in January this year our situation changed and we had to claim JSA and along with that HB/CTB.

 

My landlord has NEVER been contacted about it and the payment is made directly to me. The only problems I can see you encountering is if you are reliant on the money initially then you would go in arrears which is certainly not a good start. HB is paid fortnightly in arrears.

[Snorkerz]

HB is paid fortnightly in arrears.

In some areas (including mine), but for most areas it is 4 weekly in arrears.

[backofbeyond]

Ooops sorry! Just presumed all councils paid it the same. I stand corrected.

[Snorkerz]

Ooops sorry! Just presumed all councils paid it the same. I stand corrected.

No need to apologise - it wasn't a biggie, but it may have tripped one or 2 people up.

[raydetinu]

Concils need to see he tenancy agreement which would have the LL address, but they still cannot contact LL without permission.

they may be able to IF they have cause to think something untoward is going on. but if addressess and names tie up why would they.

[45002]

Part of a quote

 

Sharing information with your landlord

 

Sharing information with your landlord could help us

deal with your claim more quickly and reduce the risk

of you falling behind with your rent because of your

claim being delayed.

We may need to confirm information with your

landlord before we can make a decision on your claim,

for example, the start date of your tenancy.

In these circumstances, we can contact your landlord

without your permission.

The law requires that we inform your landlord of

certain decisions we make on your claim, for example,

when a decision is made to pay your benefit to your

landlord.

From a Housing benefit claim form HCTB1

[raydetinu]

Perhaps not all Claim forms are the same:

in Cormwall it says- Part 37 of Claim states; Under the data prtection act, we need your permission to share informstion we hold about you, if you give us permission, we would be able to tell your landlord; if we need more information to make a deceision on your cliam and what this information is.

You then have to sign and tick whether or not you give permission.

[45002]

Perhaps not all Claim forms are the same:

in Cormwall it says- Part 37 of Claim states; Under the data prtection act, we need your permission to share informstion we hold about you, if you give us permission, we would be able to tell your landlord; if we need more information to make a deceision on your cliam and what this information is.

You then have to sign and tick whether or not you give permission.

 

Incorrect,All Housing benefit claim form HCTB1,have to be the same

 

The part where it refers to data protection act is to do with tenants person details..

 

Councils cannot give information to LL,Like why is the Tenant claiming HB,are they on JSA/ work part time/low income,sickness benefits,tenant personal details...

 

Ok the council dont always contact a LL all the time,But councils can contact LL Without the permission of the claimant,to prevent Fraud...

 

Councils have a legal duty to protect taxpayers money.

 

If councils where not allowed to contact a LL,because the claimant said No,HB fraud would be rive

 

Any one could type a tenancy agreement using word

Edited September 11, 2011 by 45002

[huggys boss]

In our area, in order to claim housing benefit the landlord or letting agent has to complete a form that has to be submitted to the HB department before any benefit is awarded.

[raydetinu]

Its not incorrect, I have a copy the form!

[backofbeyond]

Well my landlord has never been contacted BUT I wouldn't have objected to my landlord being notified. With regards to the form, I cannot remember but they needed to see my tenancy agreement and the form required details of my landlord. The monies are paid direct to me fortnightly in arrears.

[huggys boss]

The Landlord form in this area is separate to the claim form. We are also paid 2 weeks in arrears.