Can I request information about my LHA tenants from the Council?

Neil, I'd be really grateful for a copy of the letters/permissions too, please, with thanks to you and those who have provided them.

And does anyone know if there is any way to get info from the LA about where the T has been rehoused when it comes to pursuing arrears after eviction?

Reply to the comment left by "Private Landlord" at "20/07/2014 - 13:52":

Now Sent 🙂

Reply to the comment left by "Private Landlord" at "20/07/2014 - 13:52":

LA wont give you any info on where they have gone and are not interested in any further problems you may have in this regard- this is now strictly a matter between you and your ex-tenant.

Again another 'simples' tried and tested solution- a tracing agent will find them when they have moved- although it takes a few weeks for the tenant to create a footprint the agent can find.

My agent charges £30 per trace and I get the result within 24 hours via email along with any other details they dig up.

My way is to prioritise sorting and letting your property once it is vacant. Then trace and take court action against your offending tenant if appropriate.

Remember though the County Courts are pretty toothless at debt recovery enforcement in the first place and it is 99% of the time a waste of your money pursuing them if they are on benefit. You cannot do an attachment of earnings to benefits in the civil court and they are unlikely to have anything the bailiffs will consider taking.

On principle I get them CCJd though even if recovering the money isn't an option

very helpful info, thanks to you all

Reply to the comment left by "paul landlord" at "20/07/2014 - 15:51":

Although you cannot get an attachment to their benefits once they are no longer your tenant, you can get the DWP to do a deduction from their benefits while they are still your tenant, so if they are starting to build up rent (or service charge) arrears, then you can request the DWP to deduct money from their welfare benefits (JSA/ESA) and pay it direct to you. (this is a separate process to getting Housing Benefit paid to the landlord).

For rent arrears, the deduction is a standard £3.65 pw, BUT, if there are service charges then you can get these as well, e.g. in my HMOs I charge £22 pw service charge (towards bills), so I get the DWP to deduct a total of £25.65 pw from the resident's benefits and pay it direct to me, this now amounts to over £1500 pcm that I get from the DWP!!!!! (well worth the effort).

That's interesting, how does it work please Robert ie. what do you need to say to DWP to get a direct payment from benefits? money claim judgment?

Reply to the comment left by "Private Landlord" at "20/07/2014 - 21:54":

Hi Private Landlord

No it's not a money judgement, it does not involve any court proceedings at all, just a request letter sent to the DWP, but you do need the correct form of words in the letter and a one page form with the tenant details (and tenancy and arrears details). I have a standard DWP request letter for direct deductions for rent arrears only (£3.65 pw), and a different one for rent arrears and ongoing service charges (£25.65 pw). I also get new HMO residents to sign a request for deductions from their benefits, and I attach this to the DWP request letter. (It can still be requested without this form, but the DWP will then usually require the resident to have 8 weeks arrears, whereas with the form signed by the resident it will happen sooner).

I can send Neil a copy to pass on to you if you wish, though of course you would need to amend and adapt it to suit your own business.

Hi Robert
I would appreciate a look at those DWP request for payment forms please.
Neil if you've got them could you forward please. The rent arrears one in particular, I don't do HMOs

Reply to the comment left by "Private Landlord" at "20/07/2014 - 21:54":

What Robert says is correct in getting £3.65 a week for rent arrears out of their other benefits, but I am assuming you require the full housing benefit paid to you whilst they are still with you?

If so all you need to do is send a letter to the hb section of the relevant council stating the tenant is 8 weeks or more in arrears with a rent statement demonstrating this.

They normally give the tenant up to 28 days to prove its not true during which time payments are suspended and nooone gets paid at that point. If they cannot do this or do not respond then any suspended payments and future payments are automatically directed to you.

However I understood they were being rehoused? In which case you may not get many future payments and you will still need to trace and sue them- if worthwhile as in my previous post.

Get whatever you can in the form of direct hb payments, the dwp payments as Robert suggests for sure and then trace and sue if you choose.

Beware of your tenants leaving without your knowledge whilst receiving direct payments- the money will be reclaimed from YOU and arguments over not knowing they had left/ notice periods not being honoured etc cuts no ice. You will also get stung for the council tax if they go without your knowledge and its vacant

Also be aware that if the £3.65 dwp payments take the arrears below 8 weeks then hb payments revert back to the tenant under the rules. Sensible rules eh?

Really helpful info, thank you, I'd like a copy of the DWP letter too if it's possible to route it via Neil, Robert, thank you. I've found the DWP page on how to apply for third party payments direct and the priority order for the deductions, but there's no mention of backdating for the 8 week period, is that right?

Paul, thank you again. In this case the HB payments are already being made direct (since 2006!...it's a pre LHA tenancy) but there has been a significant shortfall since Sept 2013 because until a few weeks ago T was benefit capped and refused to apply for a DHP. Now they are working and apart from 4 weeks of full HB payment, the shortfall has increased as they are not making up difference. It is a complete PITA not helped by a LA coaching them to stay until bailiff's arrive despite £000's of pounds of arrears. Grrr