The Department of Work and Pensions (“DWP”) has issued new guidance to local authority staff for local housing allowance. In the guidance, a new point is raised concerning direct payments to landlords when the tenant is the equivalent of eight weeks or more in arrears. At this point, it is perhaps worth recapping a little as to where we are right now. The guidance from some time ago stated that the DWP did not regard a tenant to be...

Where a landlord has a current tenant claiming Job Seekers Allowance or Income Support and there are rent arrears, it is possible to claim a small amount to be paid from the JSA or IS direct to the landlord. This is called “third party deductions”. What are ‘third party deductions? Benefit customers should normally meet their household expenses from their income, like everyone else. But in some cases, the Department for Work...

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...

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...

Payment of Housing Benefit to landlords Local Housing Allowance Regulation 95 Housing Benefit Regulations 2006 require a local authority to pay a landlord directly if a tenant is 8 weeks or more in arrears. As a general rule, landlords are no longer able to receive payment except certain circumstances. Can a landlord create a tenancy where the rent is made payable every 2 calendar months in advance, thus forcing a local authority to make...