Landlords Information - Existing Housing Benefit Claims made before 7 April 2008

What information do you need as a landlord?

The Data Protection Act requires us to protect client confidentiality, this means by law we are not allowed to tell landlords/agents any details about the personal circumstances of a tenant. If the tenant has not authorised payment of housing benefit to the landlord/agent we cannot tell the landlord/agent anything. If the tenant has authorised payment to the landlord/agent we can only tell the landlord/agent the amount of entitlement, the date from which it is to be paid and the method of payment.

Housing Benefit Payments direct to Landlords/Agents

We can also pay housing benefit direct to the landlord/agent without the tenant's consent, if we consider it is in the best interest of the tenant or if they have left the address and there are rent arrears outstanding for the period that Housing Benefit has been awarded.We can also pay benefit direct to the Landlord without the tenant's consent if the tenant is eight weeks or more in arrears. If this is the case, then landlords/agents must put a request in writing.

8 weeks in arrears form

The tenant can at any time during the claim request payments of housing benefit to themselves rather than the landlord. The landlord/agent would be informed of this request. If the landlord/agent is not happy with the request, he/she must discuss the matter with the tenant, as the Benefits Section cannot become involved. However, any evidence as to why we should not pay direct to the tenant that the landlord/agent has, will be considered.

Landlords must be aware that overpaid benefit may be recovered from them, from any future benefit paid direct to them or by sending a bill for the amount overpaid. Recovery of Housing Benefit from the landlord/agent is only deemed appropriate where it is reasonable to expect the landlord/agent to repay the overpayment.

Appeal Rights

Landlords/Agents have the right to appeal but only in certain circumstances. They can only appeal against something directly involving themselves and the Council. For example, where we are seeking to recover an overpayment of Housing Benefit from the landlord/agent. To appeal the landlord/agent must follow the same rules as a tenant. For more information on appeals, click here. (Link to Housing Benefit Appeals Template).

Changes in the Tenants Circumstances

If a landlord/agent is in receipt of direct payments of Housing Benefit it is their duty to notify the Housing Benefits Section of any change in circumstances they are aware of which might affect the tenants entitlement to Housing Benefit or the amount of benefit payable. It is now a criminal offence under the Social Security Administration (Fraud) Act 1997 if the landlord/agent fails to inform the Council of any changes they are aware of. Examples of the type of changes are:

• If the tenant leaves the property or moves rooms within the same building.

• If the tenant's income alters, e.g. if the landlord/agent is aware that they have started work or their Department of Social Security benefit has altered.

• If the rent or services provided alters.

• If anyone moves in or out of the tenants household

• Any temporary absence from the property by the tenant and the reasons why.

• Any other information regarding the tenant, which may affect benefit entitlement.

Rent Arrears

If the tenant has rent arrears and the landlord/agent thinks he/she is claiming housing benefit the landlord/agent should inform the Benefit Section as soon as the problems start to occur. We would not be able to discuss the benefit claim with the landlord/agent unless the tenant has given authorisation (by signing the declaration on the benefit application or has completed the form below), but the information received would be acted upon. The Council have the right to suspend payment of Housing Benefit and ask the tenant why the rent is not being paid. Payment will not be re-instated until the Council is satisfied that the problem has been resolved. If the tenant is in dispute with the landlord, the Council cannot become involved. When the dispute is resolved Housing Benefit would be reinstated from the date it was suspended.

Declaration to disclose information to landlord

If the arrears of rent equal eight weeks or more, or the tenant vacates owing rent equal to or more than any arrears of benefit, the Council may make payments direct to the landlord/agent without the tenant's consent.

Where the rent is in arrears and the landlord/agent wants the Housing Benefit to be paid direct to them, a request must be made in writing. The Council will consider the request and decide whether payment should be made direct to the landlord/agent.

8 weeks in arrears form

The Rent Service

The Benefits section has to pass most housing benefit claims from private tenants to the Rent Service to decide whether the rent is reasonable. The Rents Officer decides whether the rent is reasonable by comparing the amount charged, the size of the accommodation, rents charged on similar accommodation and average rents in the locality. The number of occupants are also taken into account. The Rent Officer can only quote an eligible rent for Housing Benefit purposes that represents a property suitable for the number of occupants, according to age and family circumstances. If the property's size exceeds the family requirements the Rent Officer will decide what the rent would be for a similar property of the right number of rooms. The rules are strict and the Rent Service is unable to alter them.

Maximum Rent

The rent figure on which Housing Benefit is usually calculated. This is the most help that tenants can normally get with their rent. This is usually the lowest of the claim related rent, local reference rent and single room rent, where they apply.

Indicative Rent Level

This is a level of rent used in the calculation of benefit entitlement until the Rent Officer can correctly assess the appropriate rent for the property. This is determined by comparing the rent of dwellings of the same size within the area excluding any amount of ineligible services.

Contractual Rent

The rent, which has been agreed between tenant and landlord for the dwelling and is required to be paid to the landlord either weekly, monthly or calendar monthly in accordance with the tenancy agreement.

Claim related Rent

This is the amount of money that has been decided is enough for the property in question and the people that live there. It may be less than the rent charged. The Rent Officer may have decided that the rent charged is too much for the property in question or that it is too large for the people occupying it.

Local Reference Rent

This is the level of rent determined for a dwelling by the Rent Officer which is average for a dwelling of a similar size within the same locality excluding any part of the rent which is for ineligible services (apart from meals and fuel)

Ineligible Services

These are charges included in the rent by the landlord. Payments for fuel (for example gas and electricity) or water rates are not eligible for Housing Benefit. Statutory deductions are made for these services unless evidence can be provided of the actual cost of fuel and water rates.

Single Room Rent

This is the figure set by the Rent Officer, which is the average for one room accommodation with shared facilities in the area. If the tenant is single and under 25 years of age, their Housing Benefit will be worked out using the Single Room Rent where it is lower than the Maximum Rent.

Helplines 

There is a designated landlord liaison officer who can be contacted on 01226 774857

landlordliaison@barnsley.gov.uk

 

Method of Payment of Housing Benefit

 

We can pay Housing Benefit either by crossed cheque every two weeks in arrears or directly into the tenant's bank account. Benefit can also be paid straight to the landlord by either method. Although, if we do pay direct to the landlord, payment will be made four weekly and we do not take on any of the responsibilities to the landlord. In other words, the tenant still has to make sure all their rent is paid, and they must still tell us about all changes to their circumstances.
If you are currently receiving payments of housing benefiit by cheque and would rather have it paid directly into your bank account, please complete and return the form below:

Request payment direct into a bank account

 

For details of how to contact the Benefits and taxation section, see Benefit Enquiries

 

 

You can telephone:
The landlord liaison officer 01226 774857 or
The benefits helpline 01226 774743

You can email the landlord liaison officer

landlordliaison@barnsley.gov.uk

How landlords can help

 

Landlords/Agents can help by respecting our obligations towards claimant confidentiality and the Data Protection Act when they make enquiries about their tenants.

For tenants who have made a new claim, changed address or had a break in claim, of one week or more, after 7 April 2008 please refer to Landlord Information - Local Housing Allowance 

Application forms

 

• Housing Benefit change of address form Part A.

• Housing Benefit change of address form Part B.

• Housing Benefit dual liability application

• Backdate request

Further information

 

Landlords Information Pack - distributed to all Landlords by the Benefits Section.

 

Legislation

 

Data Protection Act 1998
Social Security Administration (Fraud) Act 1997
Housing Benefit (General) Regulations 1987

 

Related Links:

• Welfare Rights

• Berneslai Homes

• Citizens Advice Bureau

• Department for Work and Pensions

Last modified on 17/9/2008