Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

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:
Rhubarb · 07/04/2009 21:14

Ah right, the only time we claimed anything like this was in France. The landlord had to fill in half of the form to verify that we were renting from him and the money was paid directly to him.

Doobydoo · 07/04/2009 21:30

As far as I am aware.You can choose whether or not to inform your landlord.We have chosen not to as we are new tenants and know that we can pay the extra on top of the amount we shall receive.

RumourOfAHurricane · 07/04/2009 21:54

This reply has been deleted

Message withdrawn

RumourOfAHurricane · 07/04/2009 21:55

This reply has been deleted

Message withdrawn

RumourOfAHurricane · 07/04/2009 21:57

This reply has been deleted

Message withdrawn

FAQinglovely · 07/04/2009 21:57

shiney - it's his business because most buy-to-let mortgages don't allow HB (although some will adjust the terms if requested) and it can invalidate their insurance.

Yurtgirl · 07/04/2009 21:59

I agree = we have a newer system now, where the HB goes direct to the client who then pays the landlord - normally by BACS Bank Account Credit S....System?

Works perfectly, landlord need not know, though mine does

X has a theory that if the property is later sold, it has to be sold on for rent and cannot be sold on for the buyer to live in themselves - but I have always thought this was bunkum (keen to know if it is true though!)

HonkingAntelope · 07/04/2009 22:03

I don't know about the area that you're living in, but there are a lot of empty properties around my way at the moment that have been that way for some time.

As long as your landlord can clear it with their mortgage/insurance companies I honestly don't see why they'd throw you out. If the property is empty they'll be losing money on it. At least this way they're still getting an income.

RumourOfAHurricane · 07/04/2009 22:07

This reply has been deleted

Message withdrawn

FAQinglovely · 07/04/2009 22:14

well I was first told this by my vicar - who is also a landlady - I was talking to her about finding somewhere to live and the problem re HB and she told me that her mortgage had said no HB but she'd written to them and got permission.

Unfortunately for her her tenants currently owe her £3000 from not passing HB on

Yurtgirl · 07/04/2009 22:23

FAQ - which is the problem with the new system, with the old the landlords were able to dictate that the money went to them which I think was better all round tbh

I could easily spend mine, thankfully Im not tempted but the option is available which potentially could cause huge problems

Original poster
Numberfour · 08/04/2009 14:06

Thanks for all your input. I am in the process of filling in the forms and it gives you an option to have the rent paid directly to landlord or to ourselves. We have not skipped rent in 4 and half years and we do not intend starting to do that.

I work from home (as a childminder and landlord is aware of this) so moving or being evicted would be devestating for my family.

I'm still not sure what to do. Will probably talk to council about this when I take my life in paper to them to assess my applicaton.

I really appreciate all the input. Thanks

OP posts:
Fizzylemonade · 08/04/2009 15:58

Numberfour - fill in those forms and get that money claimed.

Usually (and this is a generalisation) landlords have a clause in their tenancy agreement that states they cannot have HB claimants if that is the case, it is usually in with the no pets, no smoking stuff.

It is sometimes to do with their mortgage provider or their insurance provider having very outdated beliefs IMO.

Yes I speak with experience, I used to work in Council Tax and we worked with the benefits section so I have seen a LOT of tenancy agreements.

The council need to see a copy of the tenancy agreement which usually has the landlord or the agents details on.

inscotland · 08/04/2009 16:16

Shineon. I apologise as I was nippy with my post last night. Sorry. You do have to inform your landlord though.

I know as it has happened to me. I had a tenant who was working full time. He lost his job and claimed housing benefit. There was a water flood from the upstairs property and when I went to claim on my insurance I was told they would not pay out because I had not advised them of the change in status of my tenant. I was advised that tenants claiming benefit attract a higher premium and that was therefore not paid. Thankfully the damage to my property was around the £500 mark but it could have been much, much worse. Imagine a fire or serious flooding.

Again, I am sorry for my rude posting last night. Sick baby at home.

inscotland · 08/04/2009 16:16

Shineon. I apologise as I was nippy with my post last night. Sorry. You do have to inform your landlord though.

I know as it has happened to me. I had a tenant who was working full time. He lost his job and claimed housing benefit. There was a water flood from the upstairs property and when I went to claim on my insurance I was told they would not pay out because I had not advised them of the change in status of my tenant. I was advised that tenants claiming benefit attract a higher premium and that was therefore not paid. Thankfully the damage to my property was around the £500 mark but it could have been much, much worse. Imagine a fire or serious flooding.

Again, I am sorry for my rude posting last night. Sick baby at home.

RockinSockBunnies · 15/04/2009 20:12

Just come across this thread.

Echoing what other posters say. You do not need to tell the landlord that you are claiming housing benefit. It can be paid directly to you. If you wish, you can arrange it so that the money is paid to the landlord, but it's entirely optional. The housing benefit department will not contact the landlord without your permission.

Ethically - who knows. It's not something I've ever thought of disclosing to my landlord, though I doubt they'd mind, since I've never once had any problems paying the rent. Also, in terms of whether it may or may not invalidate their insurance, how on earth would anyone know that you were receiving housing benefit or not?

If you're working, paying rent etc, then I doubt that an insurance company is going to demand proof of income and trace all your money through bank accounts, in the event of a claim affecting the property. Seems highly unlikely to me.

RumourOfAHurricane · 15/04/2009 20:43

This reply has been deleted

Message withdrawn

ridingjoker · 15/04/2009 20:53

em..... in this local authority you have no choice but to tell landlord even if paid direct to you as the landlord needs to sign forms.

Original poster
Numberfour · 16/04/2009 13:34

thanks for more replies!

i have been thinking about this matter (going to council with all my documents tomorrow morning)and my relationship is governed by my tenancy agreement with the landlord. so if it makes no mention of an obligation on my part to tell him, then legally i don't need to.

wish me luck.

(mini-hijack of my own thread: shineon,I loved loved loved The Thread that was running just before Easter )

OP posts:
inscotland · 16/04/2009 22:06

It doesn't matter numberfour - you must advise him. Imagine a fire or a flood at your property and everything is destroyed and the insurers will not pay out to the landlord because you refused to advise him that you need to claim some benefit.

I doubt your tenants insurance would pay out either. Be very careful. Don't be one of these people who says it will never happen to me.

You could cost your landlord tens of thousands of pounds.

monkeypinkmonkey · 16/04/2009 22:47

My landlord had to sign papers when I recently went on full HB. Then again I could just be in same area as ridingjoker.

RockinSockBunnies · 17/04/2009 13:38

inscotland - how on earth would the insurers know how the rent was paid, so long as it was paid at the right time every month? If a claim was made, why would the insurance company be suspicious?

Furthermore, the OP is working AFAIK, just less hours or less money is coming in overall, so housing benefit will simply top-up the difference.

Home contents insurance will not be void simply because you are in receipt of a small amount of housing benefit. If you pay the premiums, tell them you work part-time or whatever, they are not going to delve into how you pay your rent.

Original poster
Numberfour · 17/04/2009 14:05

i went to the council this morning and i was advised that i do not need to tell the landlord. yes, rockin, i am working, so is DH - just that money has shrunk from a comfortable amount to disaster......

inscotland, i am not refusing to tell landlord, i don't have any legal obligation to do so.

if anything should happen, would the insurers enquire if the tenant obtained HB? how else would they know.

i really appreciate all the input. all new to me.

OP posts:
inscotland · 17/04/2009 15:10

Yes they do but as I feel as if I am banging my head against a brick wall trying to give the OP some good advice based on real experience with real issues and real tenants, I am just going to shut my mouth. They can learn the hard way if and when anything happens.

You'd be surprised the lenghts insurance assessors go to to check out policies/tenants and the truth. Nuff said.

RockinSockBunnies · 17/04/2009 15:45

Well, all I can say is that I've been in receipt of Housing Benefit for the past four years, varying amounts depending on whether I was working or studying etc. I've never disclosed it to the landlords (I've been in three different rented properties, all private), the money is paid directly into my account and I haven't had a problem claiming on my home contents policy (which I did when my laptop was stolen - no questions at all concerning how my rent was paid - actually nothing mentioned about rent at all).

Swipe left for the next trending thread