A Guide for Landlords whose tenants are claiming benefit.

Housing Benefit may be granted to tenants on low incomes who are having difficulty meeting their rent.

An application form is available from the Council Offices. It must be completed by the tenant and returned as soon as possible because in most cases benefit will commence on the Monday following the date the claim is received in the Benefits Office, even if it is received on a Monday.

A completed claim form can be returned to the Benefits Office in advance of the tenant moving in to ensure that benefit will be paid from the earliest effective date after moving into the property.

A tenancy agreement MUST be signed and have a tenancy commencement date before a case can be considered for benefit purposes and the tenancy must be on a commercial basis.

Pre Tenancy Determinations:

The Council will not pay "overly expensive rents" nor the full rent on properties determined too large for the tenant's needs. Before signing the tenancy agreement any potential tenant can apply for a pre-tenancy determination in order to find out what level of rent would be used in the benefit calculation. Please note that this may not be the amount of actual benefit granted. The tenant should contact the Council for a Pre-tenancy determination form, but the landlord's permission is needed before the pre-tenancy determination can take place.

All private tenant rents are referred to the independent Rent Officer Service. The ROS will decide if the rent being charged is reasonable for Benefit purposes taking into account the type and size of property, location, the local rental market and the number of people in the property.

SERVICES AND OTHER CHARGES:

Benefit cannot be paid for parts of the rent that are attributable to:

Water

Heating

Lighting

Food

Laundry

Cleaning

Supported Housing Costs

PAYMENTS OF BENEFIT

Benefit can be paid either to the tenant or direct to the landlord with the tenant's permission. If it is paid to the tenant it will be paid by cheque 2 weekly in arrears. If it is paid to the landlord it will be paid by cheque 4 weekly in arrears. The landlord will also be sent details of the benefit entitlement, but this will not include personal information e.g. the tenant's income.

If a tenant is in arrears of rent of over 8 weeks or more, the landlord can apply direct to the Benefit Service to have the rent paid direct to them without the tenant's consent. The Council will need to see evidence of the arrears.

To accept payment, a "landlord direct payment" form must be completed; one is included in the claim form or can be obtained from the Benefits Office. Landlord's have obligations under regulation HB Regulation 75 (1) (4) to inform the Benefits Office if they think the tenant is not entitled to benefit or has moved out. They may also be required to repay any overpayment of benefit that occurs.

UNDER 25 YEARS OLD ?

If the tenant is single with no dependants and aged under 25 then they will only be entitled to a "single room rent" assessment. If they occupy a flat or house, the amount of benefit they receive will be based upon the "single room rent" and not what is being charged UNLESS they occupy a property which is owned by a Housing Association or Charity.

REASONABLE RENT GUIDE:

The following gives a guide to the amounts of rent which have been regarded by the Rent Officer as reasonable in Runnymede:

APPEALING AGAINST THE LEVEL OF RENT

The tenant may appeal against the Rent Officer's decision, which must be done within one month of the date on their benefit entitlement letter. It should be in writing stating clearly why the level of rent is incorrect and should be sent to the Benefits Service. It will then be sent to the Rent Officer with a request to review. The tenant should hear something within four weeks.

If the tenants think the benefit calculation is incorrect then they may appeal. Please refer to the Appeals web page.

A landlord has a right of appeal only where a decision has been made by the Council in circumstances under which payment is to be made to the landlord, e.g. in arrears cases, or in circumstances in which payment may be made to the landlord, e.g. at the tenant's request. Landlords also have the right of appeal if the council decides that an overpayment should be recovered from them. Appeals should be received within one month of the date on their letter.

Want to know more? Please contact us.