When is tenant 8 weeks in arrears for direct payments? (Doncaster v CCC)

This entry is part 1 of 7 in the series Housing Benefit - 8 weeks arrears appeal / compensationDoncaster v Coventry City Council, First Tier Tribunal 032/09/00932, 5 October 2009 The Guild of Residential Landlords has won a very important case which will benefit all landlords throughout England and Wales where the tenant becomes in arrears and the landlord requests direct payment. Since this article was written, the DWP has amended the local...

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When MUST housing benefit paid to landlord?

This entry is part 2 of 7 in the series Housing Benefit - 8 weeks arrears appeal / compensationWhen payment of Housing Benefit must be made to landlord See in particular this important case (Doncaster v Coventry City Council 2009) Regulation 95 Housing Benefit Regulations 2006 If a tenant is the equivalent of 8 weeks or more in arrears, the local authority must make payment to a landlord. Regulation 95 Housing Benefit Regulations 2006...

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Appeal or claim compensation?

This entry is part 3 of 7 in the series Housing Benefit - 8 weeks arrears appeal / compensationIf a local authority has paid a tenant in error, for example if the tenant is 8 weeks in arrears and despite the landlords notification that the tenant is in arrears, they continue to pay the tenant, then a landlord will be able to appeal or claim compensation. Appeal or compensation? Often, payment is simply made to the tenant without any notification...

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Claiming compensation from a local authority

This entry is part 4 of 7 in the series Housing Benefit - 8 weeks arrears appeal / compensationPLEASE NOTE: Please check whether you should appeal rather than claim compensation before continuing. Previously in this section, it is detailed what the legal position is if a local authority pay a tenant when they should have paid a landlord. A good example is where a landlord notifies the local authority that a tenant is more than 8 weeks in...

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Making an appeal

This entry is part 5 of 7 in the series Housing Benefit - 8 weeks arrears appeal / compensationIf a local authority refuses to pay a landlord direct after a request by the landlord (perhaps because the tenant is eight weeks or more in arrears), the landlord becomes a “person affected” by any decision whether to pay direct or not. A person affected may make an appeal but a landlord must act quickly because there is only 1 month to...

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