6 Months to assess HB claimants rent increase and still no answer!

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9:01 AM, 24th March 2016, About 9 years ago 20

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Can anyone with a good knowledge of the housing benefits system give me some insight and information of the redress available to me following my attempt to increase the rent of a housing benefits tenant. I am still awaiting a decision on the increase almost six months later!

In my previous experience LHA’s will deal with these increases as and when they occur and back-pay for any delay in assessing and paying increases, however one tenant of a number who I wrote to in October with rent increases still has not had his housing benefits adjusted despite the new rent being below the maximum rate allowable for their situation and the other three all being adjusted.

As mentioned, in October I wrote to the LHA and the four separate affected tenants giving notice of rent increases to commence in December. I served the appropriate form of notice and sent copies of everything to the LHA (we are in receipt of direct payments for these tenants). I also provided extra copies and stamped addressed envelopes for the tenants to also send the information to the LHA as I was unsure whether they would need to hear it directly from the claimant.

On the appointed increase date (allowing for the fact that rent is paid in arrears by the LHA) none of the increases had been actioned. The one reliable tenant of the four who has any ability to chase up these things for himself chased this up with housing and was told that nothing had been received. He did not let them get away with this and explained that they’d had it twice, and also been sent a further letter notifying them that the increases had not been actioned along with further copies of the original documents. They later found it sitting in someone’s tray, not dealt with.

He was then told it would be approximately ten days before he would hear anything. Fast forward two weeks and another phone call by the tenant, he is told that he has to wait until the next review of his case and that would be another ten days, but in any case they could not back-date the claim. Despite the fact that he’d previously had a review since receiving the increase details but not having the information considered as it was sitting in someone’s tray.

He’s made at least four calls and each time been given a ten-day timescale and I’ve received numerous automated letters stating his benefits have been assessed and giving the exact rate as he has been receiving for years.

In the meantime, one of the other three tenants new rate was adjusted without my intervention (I believe she has a social-worker however who probably actioned things on her behalf thank goodness as I was dreading having to get some action from her myself) and the remaining two again had a payment made of the old amount not adjusted for the increase. I then phoned the LHA myself to try and prompt some action and got the usual ‘we can’t discuss any claims without the claimant’s permission’ to which I said, well you have my letters and my follow up letters can you at least confirm receipt and perhaps action them? ‘We can’t action someone’s claim quicker just because you call and ask’, so I said, well surely you have time guidelines by which you must respond to these things and October to March is probably outside these timescales is it not? Perhaps you could highlight this fact and that may help?’ Dead air…no answer at all…(silent scream of frustration)!

Low and behold I received the next payment along with the required rent increases for these two tenants – Hallelujah! But still no increase for the poor devil who’s been doing all the chasing for his!

I understand there are different types of housing benefits claimants and I strongly suspect due to the length of his claim that this tenant’s claim is dealt with differently from those that I am used to, but I don’t have any real understanding of how that works. He has been on benefits for a long time and has health problems which prevent him working. His claim appears to be reassessed at set intervals and no back-payment is possible.

Can anyone with a better understanding of the different types of benefits and the rules and ways of assessing them give me some insight and tell me if I have any redress for this horrifically slow action? It is almost April and I first notified them in October of the increase yet they have still not made an assessment of the claim almost six months later. He was today told it would be another ten days!

Many thanks

Kathleen

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Comments

Robert M

20:17 PM, 24th March 2016, About 9 years ago

Reply to the comment left by "Kate Mellor" at "24/03/2016 - 16:36":

Hi Kate

It does not matter whether you get a reply to your e-mails, it is just evidence that you have provided them with the information. Of course it would be good if they do reply, which is why when I follow up an e-mail with a further e-mail, I forward the original e-mail and comment that I have not yet received a reply to the e-mail below dated --/--/--, that way you build up a string of e-mails showing your efforts to resolve any problems, and it clearly shows the Council's lack of response. I've never yet needed to issue a claim for Council maladministration, but this sort of evidence of the Council's failure is what would be very useful in establishing your case.

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Robert M

20:21 PM, 24th March 2016, About 9 years ago

Reply to the comment left by "Ian Ringrose" at "24/03/2016 - 16:48":

Hi Ian

I agree that it is the tenant's responsibility to sort out their own HB claim, but if a landlord wants to keep their tenant then it can be very useful to help the tenant to sort out the claim. Of course, if you want to get rid of the tenant anyway, then don't help them and just use the resulting rent arrears as the basis for issuing a s8 Notice.

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Robert M

20:29 PM, 24th March 2016, About 9 years ago

Reply to the comment left by "Kate Mellor" at "24/03/2016 - 17:23":

Hi Kate

When you say that "I’ve already found out that they can dock tenants other benefits to make up rent arrears! Now that’s something they keep very quiet about!!!" I presume you are referring to the landlord's ability to request a "Third Party Payment" (direct deduction) from the tenant's JSA/ESA/Income Support? - If so, there is another thread on here from last year that has loads of details about doing this.

As well as getting Third Party Payments (TPPs) for rent arrears (at the rate of £3.70 pw), if there is a service charge for gas, electricity, or water, you can also request a TPP for this as well. - I also discuss this in the thread from last year.

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Kate Mellor

21:38 PM, 24th March 2016, About 9 years ago

Reply to the comment left by "Robert Mellors" at "24/03/2016 - 20:29":

Thanks for that Robert. I had no idea this was possible.

I have a tenant who never pays his water charges (about £20 per quarter) and had got into a lot of arrears before we managed to get direct payment. He owes us around £1000, but we figured it was as well to keep him now we were getting direct payments rather than have a void period, reletting costs etc.

I thought we would just have to swallow the existing arrears (one of the reasons we put the rent up), but it seems we may have an avenue to recoup these arrears after all...I shall read the thread with interest.

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Kate Mellor

21:42 PM, 24th March 2016, About 9 years ago

Reply to the comment left by "Robert Mellors" at "24/03/2016 - 20:29":

Thanks for that Robert. I had no idea this was possible.

I thought we would just have to wave goodbye to the existing arrears (one of the reasons we put the rent up)...I shall read these threads with interest (although it could take a while at £3.70 pw).

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Robert M

11:30 AM, 25th March 2016, About 9 years ago

Reply to the comment left by "Kate Mellor" at "24/03/2016 - 21:42":

Hi Kate

Yes, at £3.70 pw it will take a very long time, AND it is only while they are still your tenant, so this is no good for recovering former tenant arrears, but if you link that to the service charges and get it regularly then it can soon add up. I get over £2000 from the DWP every 4 weeks for service charges and rent arrears, and I know that without the direct deductions (third party payments) I would struggle to get even a fraction of this money from the tenants.

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Mick Roberts

6:26 AM, 26th March 2016, About 9 years ago

Kate,

Robert is the man & has just about summed it up, with permission letters & everything else.
We are both reluctant experts at Housing Benefit.

I would also start a complaint off headed Complaint, stage 1 before Ombudsman.
When this complaint eventually gets a bit higher up, you may find or even request, that you can get someone a bit higher up in Housing Benefit, with more common sense.

I've been in your boat 19 years ago. Done that many ruddy complaints, that for approx the last 15 years & even better the last 8 years, I have my own 'woman' Deb in Housing benefit who is BRILLIANT! She sees the same mistakes the normal staff keeps making & corrects them quickly.

So do what u r doing, but also get the complaint started, it may take 6 months, but u may get a better member of staff for the next 5 years.

I'll also put text in here of my permission letters. HB HAS to deal with u when your tenant signs this for u-Some staff don't like to, but ask for manager & he has probably seen one from someone else.

Yes, I too am not looking forward to Universal Credit, seems like I may have to learn all over again. And I'm getting too old for the hassle.

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Mick Roberts

6:27 AM, 26th March 2016, About 9 years ago

Dear New Claims,

I would like to appoint Mick Roberts, my Landlord as a common law agent to direct all parts of my Housing Benefit claim that is going ahead, & also to progress my Housing Benefit Claim.
Any info u need, please ask him & I wish him to sign for me if any stuff needs sending back to you.

I/We hereby give permission for Advance Properties (my/our Landlord) to obtain information direct about my/our Housing Benefit claim.

If you require any information off me/us at all I/We would like you to contact Advance Properties to ask for the details required. Their details are :

I/We am prepared for you to discuss personal issues with him ie. any changes in Income Support, Jobseekers Allowance, disability or sickness benefits, DSS changes, Council Tax, stopping or starting work, date discrepancies, proof required, anyone moving in or out, babies born, housing benefit overpayments at past & current houses etc. etc. Anything at all which will speed my/our claim up to completion should a query arise.

I/|We am taking this action because my landlord has the fax, photocopier, envelopes, stamps, phones etc., has relevant experience in this field, is in his best interests to sort the claim out quickly as it his money owed to him & the quicker it is done the sooner I/We can reduce the amount of top-up payments I/We pay to the landlord direct.

If my/our landlord does ring you & you require any details off me/us could you please ask him, whatever you need so he can get the information off me/us for onward transmission to yourselves.

I/We would like all of the above done in order to speed my/our claim up should delays occur or info is needed.

I would like this permission letter to remain on my file indefinitely & remain in force with no expired date, unless I write in & tell you otherwise.

Yours sincerely,

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Kate Mellor

19:06 PM, 28th March 2016, About 9 years ago

Thanks for all the valuable feedback. It's all a big learning curve and helpfully the LA seem to keep a lot to themselves regarding their processes and the options landlords have. Strangely it's as though we are the enemy & many claimants seem to meet with the same attitude! I will be very interested to get to the bottom of this unusually lengthy delay and if it results in anything of interest I'll let you know.

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Mick Roberts

7:25 AM, 29th March 2016, About 9 years ago

Reply to the comment left by "Kate Mellor" at "28/03/2016 - 19:06":

Yes Kate, 'enemy' being the appropriate word.

Some tenants fall out with some Landlords.
And some, in fact most HB staff, think Landlord shun't be ringing.

Turn it round on the HB staff & say 'The tenant hasn't got a phone, on pay as u go, no credit, what do we do?

Why do we have to think of a way to NOT PAY THIS CLAIM? Let's think HOW CAN WE PAY THIS CLAIM? How can we get this sorted, so the Landlord stops ringing? Can we sort this now, save everyone a lot of time & money.'

And them words make some staff act.

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