Housing Benefit information for landlords
What can the Council tell a landlord about a tenant's benefit
claim?
The amount of information that can be given out depends on
whether the landlord or tenant is to receive the benefit
payments.
Payment to tenant
All details concerning a tenant's claim are confidential and
cannot be disclosed to a third party in any circumstances. This
includes confirming that a claim has been made.
Payments direct to landlord
Where the tenant has authorised benefit to be paid direct to the
landlord the following information can be disclosed:
- The dates on which entitlement started and
ended.
- The weekly amount of benefit entitlement,
amounts paid, and dates of payment.
- Where the tenant has asked that benefit is paid
direct to his landlord the landlord will always be informed in
writing when:
- A determination of a tenant's Housing Benefit is
made.
- A tenant's entitlement ends due to a change in
circumstances.
- A tenant's entitlement ends due to a change in
address.
- A tenant's claim is suspended.
Note: The responsibility for supplying proof of income and
liability for rent rests solely with the tenant.
Can a landlord insist that they receive benefit payments?
The Housing Benefit Regulations state that a tenant is entitled
to have payments made direct to them. Payment can only be made to a
landlord subject to the tenant's written authorisation. However,
where the tenanat owes more than 8 weeks rent arrears, the landlord
can write to the Council and ask that future benefit payments be
made direct to them.
Where payments are to be made directly to the landlord the Council
will send a form to the landlord asking the landlord to accept that
overpayments may be recovered from them and agreeing to notify any
changes to the tenant's circumstances they know about.
Will housing benefit pay off rent arrears owed when a tenant
leaves?
A landlord is legally required to tell the Council as soon as
they are aware that a tenant in receipt of benefit has left. If
there are any rent arrears, full written details of the amount owed
and how the debt arose are required, as well as confirming the date
the tenant moved out. The final benefit payment would normally be
paid up to the following Sunday, but it may be earlier depending on
the circumstances. Benefit may not be payable for a period where a
tenant has left without giving notice to their landlord, nor where
the tenant has claimed benefit at another address but has failed to
notify their previous landlord.
Important notes
The Council deals solely with a tenant's entitlement to Housing
Benefit. Rent that is due and payable under the terms of a tenancy
is a matter between the landlord and the tenant. The tenant retains
full liability for rent, and for paying the landlord any sums owed
during the course of the tenancy.
Benefit may not be payable for a period where a tenant has left
without giving notice to their landlord, nor where the tenant has
claimed benefit at another address but has failed to notify their
previous landlord.