How can a landlord ensure payments are made payable direct?
The general rule is that payments of the LHA from April 2008 will be made directly to tenants. However, it is possible for landlords to make some amendments to their tenancy agreements in order to ensure payments are made direct to landlords (in our opinion, not yet tested on appeal!).
Regulation 95 Housing Benefit Regulations 2006 requires that payment be made to a landlord where the tenant is “the equivalent” of eight weeks or more in arrears. This means a landlord simply needs to create arrears in the tenancy agreement.