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Frequently Asked Questions

FAQs from previous landlord forums & events

Question - Do overlapping benefits apply to Private Tenants who move to another Private Tenancy?

Answer- Yes- The benefit rules regarding benefit on two homes apply to Housing Benefit where there is "an unavoidable liability to pay rent on two homes." The "overlap" would be payable on the old home for up to four weeks, if eligible. This rule does not apply to Council Tax benefit.

Question - Would we be able to tell landlords whether someone has left a previous property with arrears so that under the new LHA rules they could put a case for vulnerability?

Answer- We would not be able to share personal data of this nature with anyone who is not authorised to receive it, unless we had specific permission from the claimant. However, landlords should tell the Council if a tenant leaves their property in arrears, then we can take the appropriate action regarding vulnerability status.

Question - Under the new LHA rules, could two people in identical houses on the same street end up with different amounts of benefit?

Answer - In the transitional period, yes, this could happen if one person had had a break in their claim, made a new claim, or moved house after 7th April 2008 and fell under the new Local Housing Allowance rules but the other person was still paid under the old Local Reference rent rules.

Question - Under the new LHA rules from April, why can't the Council just pay the landlord direct, on request?

Answer - The Government wants to promote more choice and responsibility for people who rent homes from a private landlord and paying their own rent is one way of doing this. However the safeguards are in place to allow payment direct to a landlord in vulnerable cases or where rent arrears accrue.

Question - Will more landlords refuse to accept people who are on benefits after April 2008?

Answer - When Local Housing Allowance was piloted in other authorities, this did not happen. The direct payment policy being adopted by the council will go some way to protecting landlords from tenants who have bad payment history or accrue rent arrears of more than 8 weeks.

Question - If a benefit claimant under the new LHA rules, receives up to £15 a week top up, will this be taken into account as income, for other means-tested benefits?

Answer- No, under current legislation,this is not counted as income.

Qustion - Will there still be a discretionary housing payment fund after April 2008, to help people suffering severe hardship or exeptional circumstances?

Answer - Yes, this has not changed. Anyone can apply to the Council's benefits unit, for additional help from the Discretionary Housing Payment fund. THis is a cash-limited pot, so awards are temporary payments to alleviate immediate hardship. See our page on dealing with debt also.