Would private landlord have a problem with this?

[Eatenbybabyagain]

Hello

We were looking at ways of improving our budget and found out that we are actually entitled to a substantial amount of housing benefit. If we could claim, life would be a lot easier. The problem is that we live in a privately rented flat and, like most flats, the advert stated "Not suitable for DSS". This was not a problem for us as I work full time and we receive working and child tax credits, and the letting agents were happy that our income was sufficient.

Given that we can afford to pay rent without housing benefit, is the landlord likely to have a problem with us claiming? On the housing benefit application form you got to choose whether you gave the council your permission for them to contact your landlord or not. Could anything bad happen if we don't tick this and don't tell our landlord?

We haven't asked the letting agents yet in case it would be unreasonable to ask and can't find much information about housing benefit while working.

We used to rent out our flat and one of the conditions put on us by the mortgage lender was that we could not rent to anyone on housing benefit. Given that you are working, and have already lived there for a while and not defaulted on the rent, the landlord may not personally have a problem with you claiming, but his lenders might. If you tell him...

If you can afford to pay your rent, why would you be entitled to a substantial amount of housing benefit?

It's because a lot of mortgage lenders won't allow it, not the landlords. Apply for it, keep quiet about it. If you are working etc the landlord has no reason to suspect you have suddenly started claiming it, so no need for him to ask/know or let his mortgage provider know.

Keep the landlord and agents out of it, or they may be forced to give you notice, sadly.

Apply for it do not tell the landlord you are under no legal obligation to tell them.

Agree with others. Claim it and don't tell them, you are under no obligation to do so.

And maybe the mortgage lenders need to change this as it's grossly unfair to people who are on low wages.
what's going to happen when housing benefit is lumped in with universal credit? Will that mean any family who has top ups on their income won't be able to privately rent in this country? Or will it mean that the discrimination against people who claim benefits will end?

youngestisapyscho Full time job (40hrs a week) but low-paid. I did not expect to be entitled to anything but checked a calculator thing on the council website.

We would not be relying on it to pay the rent, which seems to be where the problems stem from (delayed HB payments etc.). So would there in fact be any issue? Would it even make us DSS tenants?

Also, any risk of them finding out from other sources that we would be claiming?

(Thanks for replies :))

Yes, claim it and don't tell them.

That's my thoughts as well. If companies won't pay enough, what else can people do?

No , no risk of them finding out.

If your ll owns the house outright they don't have mortgage stipulation to not allow hb tenants, it's a stupid rule.

possible scenario: apply for it, keep quiet about it, someone finds out, landlord has breached mortgage conditions, house gets repossessed. Guess who is then on the street?

some councils inform the landlord that HB is being claimed.

make sure you understand the risks of what you are doing. I agree it isn't an issue to the landlord but it still invalidates his mortgage and the insurance if it is detected.

now, if he doesn't have a mortgage and tells his insurers that you are working HB claimants, there is no problem at all.

There is a box to tick for a reason. You do not need to tell them. Think of it as topping up your low income rather than rent. You already pay your rent.
The main problem would be if it was overpaid and they tried to get it back from landlord (which is fucking awful tbh, they didn't claim it?!)

and that, people, is one very good reason why landlords get nervous about HB tenants. Because the council comes after the landlord if there is fraud, rather than the fraudster.

lots of obvious and painless solutions to these problems which wouldn't affect anyone honest. But no,governments too busy rearranging the deckchairs..

I think we're in a buy to let property, so it is almost certainly mortgaged. I do sympathise with the landlord but the system is wholly messed up.

And if I did happen to lose my job, would we just get kicked out then?

No they wouldn't care as long as you are paying the rent.

My ll knows bog all about my life because it's none of her business!

You should be able to find a landlord who will accept HB tenants.

Not all BTL mortgages have restrictions. Most professional landlords (ie those with more than 10 properties and likely 10+ mortgages) won't be restricted as you generally have to have specialist commercial loans once you own more than 5 mortgaged properties or the total value of all mortgages together is more than £1.5m.

And there are landlords who own outright without mortgages.

One of the reasons a landlord who doesn't have any restrictions may say no to HB tenants can be previous bad experience. The same reason some landlords say no to pets.

Ask around and keep asking.

OP I wouldn't have a problem, but if I had a mortgage where the company stipulated no hb and I find out you hadn't told me, I'd be giving you notice and finding a new tenant.
The mortgage company may even think the ll had been fraudulent, they may lose mortgage.
I think you need to be honest.
Can you not speak to ll direct, or do you have to go through an agent?

We would have to go through the agent to ask. My worry, and the reason I've asked here first to be honest, is that they would hold it against us. Is "no DSS" just an easy way to avoid high risk tenants or does it always have a basis in insurance/mortgage conditions?

Is there any harm in asking the agent?
(We're in Scotland as well, in case that's relevant)

I think you should claim what you are entitled to and keep quiet. The council is not allowed to tell the landlord or mortgage company afaik and frankly it's nobody else's business if the bills are paid on time by you and the place is cared for well.

Check the contract you signed when you moved in (and anything you signed at the Property Agents). If you have not stated anywhere you are not receiving benefit and there is no clause that says you're not allowed to, or that you have to inform the landlord of any changes to your income, I don't see what business it is of theirs.

Here we go again, another tenant/landlord situation where most people advise the tenant to lie.

Unfortunately Tickle the LL has every right to know if your life is compatible with you paying your rent on time every month and that the house is being looked after and legally tenanted.

OP. My mortgage company's OK, but my insurance doesnt accept DSS (unemployed), so it wouldnt matter to me as you were still working. If however I found out you'd deliberately lied to me and possibly risked my property, then I would mind VERY much and you'd be out.

Again, thank you for responses.

Checked our lease and, while a bit generic (talks of communal stairwells we don't have etc), it states that any HB claimed must go direct to landlord. But I will send them an email and ask as I would still be paying rent with my wage.

This is why we asked. Didn't want to be deceitful and cause problems for agent and LL.

We have yearly checks but she isn't entitled to know if I lose my job or I get ill etc as long as we can still pay the rent. Nor should she care!
Op, I would word it that way, that you can pay the rent without it but want to claim what you're entitled to.