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

[Ed999]

Basically, the Council has a legitimate interest in knowing whether a claimant for Housing Benefit is telling the truth about renting a property, or whether he is living rent-free with a friend/relative/partner and making a fraudulent benefit claim.

 

Therefore, the Council has a legal entitlement to carry out whatever checks it considers reasonable, in order to prevent fraudulent claims.

 

The Data Protection Act is irrelevent; it does not prevent a public body from exercising its legitimate powers to detect and prevent crime.

[45002]

Basically, the Council has a legitimate interest in knowing whether a claimant for Housing Benefit is telling the truth about renting a property, or whether he is living rent-free with a friend/relative/partner and making a fraudulent benefit claim.

 

Therefore, the Council has a legal entitlement to carry out whatever checks it considers reasonable, in order to prevent fraudulent claims.

 

The Data Protection Act is irrelevent; it does not prevent a public body from exercising its legitimate powers to detect and prevent crime.

 

Ed999,I take it in your rush to post a reply in every thread in this forum,you did read the whole of this thread !

 

The Data Protection Act is Relevant as it stops a Council from giving out private/person details of a Tenants Income,NI number,DOB and so on to LL.

 

How ever a council can give details of how much HB a tenant is receiving to a LL and councils can contact a LL without the permission of the claimant to prevent fraud..

Edited September 14, 2011 by 45002

[womble72]

Did any tenant on this forum sign the declaration form regarding the landlord being notified of Hb but the landlord was never contacted by the council?

 

I have a friend who is very worried going to a new property and has not declared Hb to the landlord but is entitled to the rent rebate and has children to keep a roof over their heads.

 

My friend is scared to fill in the declaration section because she does not want the landlord to know!

This is a straight transfer of Hb from one address to another and the rental market in their area is pretty grim at the moment and they were going to be made homeless due to the previous landlord selling up.

 

This friend is not committing any fraud but is very worried of the landlord not approving.

 

 

Any advice would be much appreciated

[Snorkerz]

Did any tenant on this forum sign the declaration form regarding the landlord being notified of Hb but the landlord was never contacted by the council?

 

I have a friend who is very worried going to a new property and has not declared Hb to the landlord but is entitled to the rent rebate and has children to keep a roof over their heads.

 

My friend is scared to fill in the declaration section because she does not want the landlord to know!

This is a straight transfer of Hb from one address to another and the rental market in their area is pretty grim at the moment and they were going to be made homeless due to the previous landlord selling up.

 

This friend is not committing any fraud but is very worried of the landlord not approving.

 

 

Any advice would be much appreciated

I can't answer your real question - but you friend does know that she doesn't have to move just because the landlord is selling up, doesn't she?

 

She doesn't have to leave until she is evicted by a court bailiff with a possession order. If that doesn't happen, then the new owner becomes her landlord, and she retains exactly the same rights she had with the current landlord.

[huggys boss]

Did any tenant on this forum sign the declaration form regarding the landlord being notified of Hb but the landlord was never contacted by the council?

 

I have a friend who is very worried going to a new property and has not declared Hb to the landlord but is entitled to the rent rebate and has children to keep a roof over their heads.

 

My friend is scared to fill in the declaration section because she does not want the landlord to know!

This is a straight transfer of Hb from one address to another and the rental market in their area is pretty grim at the moment and they were going to be made homeless due to the previous landlord selling up.

 

This friend is not committing any fraud but is very worried of the landlord not approving.

 

 

Any advice would be much appreciated

 

I don't know if it helps, but our daughter is looking to rent through an agent, both her and her husband are working, but both on a low wage. The agent they are going through has told them that although a lot of landlords don't accept housing benefit claimants, they are having to be dragged kicking and screaming into the real world because even people who are working are entitled to tax credits and help with their rent and council tax. The days of being over selective are gone. This particular agent is willing to sign the form on behalf of the landlord as she knows the situation and as rent cheques now go to the claimant instead of the landlord she doesn't see why landlords are being so biased.

[mariner51]

"she doesn't see why landlords are being so biased."

 

Perhaps because some LLs have insurance which excludes LHA claimants or that LHA levels are declining and can alter at short notice when rents in some areas are climbing through supply & demand.

 

However I genrally agree with her sentiments, except when DSS Ts cost me money, which is most I may add.

[womble72]

I can't answer your real question - but you friend does know that she doesn't have to move just because the landlord is selling up, doesn't she?

 

She doesn't have to leave until she is evicted by a court bailiff with a possession order. If that doesn't happen, then the new owner becomes her landlord, and she retains exactly the same rights she had with the current landlord.

 

The landlord has sold the property to a young couple and my friend is moving to a new premises next week but has not told the LL the situation yet!

[Snorkerz]

The landlord has sold the property to a young couple and my friend is moving to a new premises next week but has not told the LL the situation yet!

Fair enough, but it doesn't change the fact that your friend does not HAVE to leave. Glad your friend has somewhere though.