Information for Private Landlords

How does my tenant claim help with their rent?

To claim Benefit, your tenant must contact us and ask for a claim form. Once your tenant has fully completed the form, it must be returned to us as soon as occupancy begins (or shortly before, if possible). Delayed return may result in a loss of Benefit.

Your tenant will need to provide proof of rent to support their claim. For example:

• A current tenancy agreement (where the date has not expired).
• A tenancy agreement with rent book.
• A letter from you confirming the full tenancy details (this letter must provide the date the tenant moved in, the amount of rent charged, the type of tenancy and any service charges included in the rent. You must sign this letter as a true statement).

Alternatively, one of our Verification of Tenancy Details Forms should be completed.

Your tenant must also provide proof of their circumstances before the Benefit can be put into payment.

Our aim is to decide claims / changes in circumstances within 14 days of receipt of all information needed.

Benefit cannot pay for certain charges included in your tenant's rent. These charges are called 'ineligible services' and we are obliged to make deductions for such items. These may include charges for:

• Heating
• Laundry
• Lighting
• Water Rates
• Hot water
• Cleaning
• Cooking Meals
• General care and support
• Medical expenses
• Emergency alarm systems

Please Note: Some of these charges may be eligible for certain tenants being assessed for Housing Benefit under the Local Housing Allowance rules. Please Click Here for more information.

What should I do if my tenant is going to be away from the property for a period of time?

If you know your tenant is claiming Benefit, you must notify us immediately if your tenant goes away. Benefit may continue to be paid on a property if the customer is absent but intends to return within 13 weeks. There are exceptions to this rule and in certain cases benefit may continue for up to 52 weeks. However, the property must not be re-let during any such absence.

Do not assume that your tenant's Benefit will be covered for all periods of absence. Please contact the Benefits Service for further information.

Your commitment to us:

You can help us to succeed in our aims, by:

• Ensuring that your tenants know about Benefit and how to claim it.
• Telling us as soon as you become aware of a change in circumstances,
  (as a landlord, you have a duty to safeguard the public purse from abuse and to report cases of actual or suspected fraud among tenants).
• Acknowledging that we cannot discuss claims without permission from your tenant.
• If you are in the process of starting court proceedings against your tenant and think that your tenant is in receipt of Benefit, please tell us at the earliest opportunity, in order that their Benefit entitlement may be verified.

Payments direct to landlord:

We can pay your tenant's Benefit directly to you, if your tenant is more than 8 weeks in arrears with their rent payments. (Please note that if you accept direct payment from us, you may have to pay money back to us if your tenant receives Benefit they have no entitlement to).

You will have to complete a 'Landlord Authorisation Form' before we can pay you directly. If we pay you, payments will be issued to you every 4 weeks, in arrears. We will send one cheque to cover all of your tenants and enclose a list detailing the tenants' names included in that cheque and their respective amounts and periods of payment.

Please Note: Tenants paid unde the Local Housing Allowance rules may be able to have their benefits paid direct to their landlord in certain circumstances. 

For more information click here for our Local Housing Allowance landlord information pack.

(Refer to Pages 12 & 13)

The role of the Rent Service:

The Rent Service is an independent body that determines the amount of rent that your tenant's Benefit assessment must be based on. The Rent Service needs to know: -

• The amount of rent your tenant pays.
• His / her household details.
• Details of the property they occupy.

Your tenant (and the Benefits Service), have the right of appeal against their decision if they believe it is incorrect or fails to take account of a relevant fact. You do not have this right of appeal.

Please Note: These rules differ for certain tenants fom 7 April 2008

For more information on these new rules please click here to find the current Local Housing Allowance Rates.

Overpayments of Benefit:

Many changes to a claimant's Benefit entitlement are adjusted retrospectively. You may be asked to repay any money that has been overpaid. Every overpayment is looked at on its own merits. If it is decided that it is appropriate to recover the money from you, we will invoice you. The invoice will show the reason for the overpayment, the period it covers, the name of your tenant and the amount of the overpayment. If you experience difficulty in repaying money, we may negotiate repayment by instalment. You will be given one month to appeal our decision to recover this overpayment from you.

The Benefit regulations allow us to recover any overpayment of Benefit from you, even if your tenant owes you rent or has left the property. If you receive Benefit from us in respect of other tenants, the overpayment can be recovered from payments made to those tenants. Before this occurs, you would be advised in writing.

What can I do if I do not agree with the amount of Benefit my tenant has been allowed?

Only your tenant has the right to appeal against any decision made on their claim for Benefit. If your tenant thinks that the details of their Benefit are wrong, they must appeal, in writing, within one month of the date of the original decision notice.

Confidentiality:

Claims for Benefit are confidential and your tenant's personal circumstances must be protected at all times. If your tenant gives us written permission to discuss their claim with you, we are happy to do so, although we will not be able to discuss any of their personal circumstances with you unless we receive their express consent.

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