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Original poster

Concerned our landlord may evict us if he knows we're applying for housing benefits

57 replies

Numberfour · 07/04/2009 15:32

can our landlord do that? we have been struggling to keep head above water for about 6 months and now can no longer do it alone. so as much as i don't want to do this, i am applying for housing and council tax benefit.

we rent privately and have done for 4 years 6 months. our landlord is very decent and understanding. but i am worried that if the council contacts him, he may become disgruntled and give us notice.

can he do that? does anyone have any other advice for a first time HB applicant but at the relief it could bring........

OP posts:
headinclouds · 07/04/2009 17:16

sounds like you shouldnt have a problem as you have a decent and understanding landlord. i am a landlord too and would not mind where the rent came from as long as it does! plus in this current market i am sure he would rather you stay.

gl

SusieDerkins · 07/04/2009 17:17

Why would he mind? He's getting his rent.

What does your lease say?

HecAteTheEasterBunny · 07/04/2009 17:19

What makes you feel that he may become disgruntled?

Tillyscoutsmum · 07/04/2009 17:21

I'm pretty certain he can't evict you for that .... How long is your tenancy for ?

Original poster
Numberfour · 07/04/2009 17:36

i suppose it is because i feel a bit embarrassed that things have become so bad for us that we need this kind of help. my husband and i are both self employed.

Susie, you have a good point - I will check the lease.

we have signed another lease for a year which ends in Sept but we are pretty sure we would renew.

thanks for all the help. i have not had to take this type of action before so I don't know the ins and outs.

OP posts:
TheProfiteroleThief · 07/04/2009 17:40

This reply has been deleted

Message withdrawn at poster's request.

CarGirl · 07/04/2009 17:43

my understanding is that the HB gets paid to you and then you pay it onto the landlord so unless it mentions anything in your lease he probably won't need to know.

Original poster
Numberfour · 07/04/2009 17:44

thanks, tpthief

OP posts:
inscotland · 07/04/2009 18:23

He wouldn't be disgrunted - certainly I wouldn't be as long as you told me upfront. He may not have a choice about eviction though. It depends on his mortgage provider. Some exclude people on benefits. You also need to tell him so he can advise his insurance company as he may need to pay an additional premium. You do need to tell him though.

expatinscotland · 07/04/2009 18:34

What inscotland said.

Some people's mortgages do not allow them to let to people on housing benefit.

And the insurance thing, too.

NotPlayingAnyMore · 07/04/2009 18:42

Ethically, yes. Either way, OP would have to give the council written permission for them to tell the landlord that housing benefit had been claimed.

Technically though, I think that although it may affect the mortgage or insurance, unless it's a requirement mentioned in your tenancy agreement, then you don't have to tell him.

RumourOfAHurricane · 07/04/2009 20:14

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RumourOfAHurricane · 07/04/2009 20:23

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HappyMummyOfOne · 07/04/2009 20:37

You do need to tell him, if his insurance policy excludes tennants on HB then he is technically uninsured. What if there was a fire?

He may have no objections at all re the HB but you cant jeopodise his asset by failing to tell him.

inscotland · 07/04/2009 20:50

you are completely wrong shineon. you could make his insurance invalid. irresponsible.

BeehiveBaby · 07/04/2009 20:56

Would not dream of telling him. There is provision made on the (very extensive....eg. do any of your children have offshore bank accounts? WTF?!) form that you fill in for you to ask that he is not contacted. Why on earth are the banks discriminating in this way?

Rhubarb · 07/04/2009 20:59

Um, do they not have to contact the landlord to check out your claims that you are renting? And if you do claim HB, does that not go straight to the landlord?

FAQinglovely · 07/04/2009 20:59

You really should tell him because of the insurance aspect of it.

As someone else has mentioned it's is possible for them to get permission (usually) from their lender to allow HB. And with things the way are at the moment I should imagine there's a heck of a lot requests for such things.

FAQinglovely · 07/04/2009 21:01

Rhubarb - no you show them a copy of your rent agreement, and the money is paid to you (unless you ask for it to be paid direct) to pass on.

BeehiveBaby · 07/04/2009 21:01

No and no. Original tenancy agreement as proof of renting and housing benefit straight to tenant in the vast majority of cases. Receiving HB directly is very very risky for a landlord as the council will try and get in back from them if the tenant has been claiming fraudulently, when the tenant could be long gone IYSWIM.

Simplysally · 07/04/2009 21:04

I looked into HB when I took my flat and there is definitely space for putting my landlord's details on there so I imagine that they do contact them . I'm sure that the HB is paid to the tenant to pass on though.

choufleur · 07/04/2009 21:06

i think they would have to contact the landlord as HB is based on local housing allowance and the council would have to confirm the details that you provide i.e nuumber of bedrooms, rent you pay etc.

FAQinglovely · 07/04/2009 21:12

chofleur - no the onl informatin they need is the number of children/adults - the number of bedrooms in the house the tenant is actually renting is irrelevant.

For example - I am eligible for the LHA for a 3 bedroom house. I could have chosen to rent a 4 bedroom house and top up the HB with my other money. I would still have received the LHA allowance for a 3 bedroom house.

FAQinglovely · 07/04/2009 21:13

and rent you pay shuld be shown on the tenancy agreement which they have to see to process your claim.

hobbgoblin · 07/04/2009 21:13

I've not read entire thread so apologies if repeating.

There is absolutely definitely no reason for your landlord to know. In fact, there is a separate 'permision' box on the form (slight variations between councils I'm sure, but nonetheless...) in terms of contact with landlord or agent. If you are in the property and they need to send an assessor round then again, the landlord will not need to know as you can facilitate this.

They no longer like to pay landlords direct and try to pay the tenant so again, you could keep your entitlement private.

However, be aware that mortgages for homeowners are sometimes affected unfavourably by the fact that tenants are receiving HB and this is often why some landlords are unhappy to let to those on benefits. Something to do with security of income which is rather misguided as the landlord still ahs the option of receiving payment direct from the council. Also, those on full HB offer far more security than those with a salaried income that could be lost if made redundant, for example.