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 more than 8 weeks rent arrears are
owing, the landlord can write to the Council giving full details
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.
Allerdale Borough Council
