Local authority tells tenants not to leave the property?

Reply to the comment left by Landlord@Brent at 31/07/2023 - 15:52
But I think my tenant went to UC, can you get UC and hb? Blocked me off months ago.

Reply to the comment left by Landlord@Brent at 31/07/2023 - 15:52
I've read when you make a claim for UC hb stops or is a part of uc?

Reply to the comment left by Happy housing at 31/07/2023 - 15:33
AT = at in caps!
When you / your solicitor file for a Possession Order, you MUST include the requests I listed above AT THE APPLICATION STAGE (I'm not sure that Courts allow you to add in requests on the day).
I was told don't complicate things as it's only a 10 minute hearing but my experience & others is that they will go through IF everything is clear & well-prepared.
My Eviction "specialist" also failed to claim my legal expenses (~£1000) & failed to tell me that it is not worth waiting months for the County Court Bailiffs & so did not file a request to "Transfer Up" enforcement to the High Court officers - which meant re-applying to the Court & added 3 months to the eviction process.

Reply to the comment left by Happy housing at 31/07/2023 - 16:00
I'm not certain but my understanding is UC is an umbrella concept & still includes HB as one part of it.
Over & out.

Reply to the comment left by Golfman at 07/07/2023 - 14:52
Can I see a copy
Psshinh@yahoo.co.uk
Thx

Reply to the comment left by Landlord@Brent at 31/07/2023 - 15:46
Thank you Landlord @ Brent for the most comprehensive advice and information given, for this situation.

Reply to the comment left by Happy housing at 31/07/2023 - 14:58If the accommodation is no longer affordable due to a CHANGE IN THE TENANTS' CIRCUMSTANCES ' then technically and in accordance with current housing legislation, the tenant is at risk of homelessness.
This is when the local authority can assist by: 1. Making up the rent shortfall with a Discretionary Housing Payment ( DHP). 2. Negotiate with the Landlord & Tenant to either make it affordable or 3. Assist the Tenant to secure alternative affordable accommodation.
However, this stage is often where both Landlords and local authorities often fail.
Landlords because A) Too many do not know their basic statutory rights & responsibilities as a Landlord. B) They do not notify the council IMMEDIATELY / at least at the 8 week/ 2 months stage that the rent arrears are putting the tenant's at risk of eviction. If the tenant is in receipt of HB then BOTH the HB team AND the Housing options/ Homeless Team should be notified as believe it or not, these teams will rarely communicate with each other to PREVENT the homelessness at the earliest opportunity!
It is 1000% correct that if a Tenant is receiving direct payment of the HB which they fail to pass onto the Landlord for the rent, simply put THAT IS BENEFIT FRAUD AND SHOULD BE REPORTED TO HB, AND MOST IMPORTANTLY, THE HB TEAM MUST BE MADE AWARE THAT BY CONTINUING TO PAY THE HB TO THE TENANT WHEN THE LANDLORD HAS NOTIFIED THEM OF THIS FACT, THE HB TEAM ARE EFFECTIVELY FACILITATING THIS FRAUD!
Councils/ LA's: When notified by the Tenant the rent is no longer affordable, the Council's housing options/ homeless service should: A) complete an Affordability/ Financial Assessment with the Tenant
B) Devise a Personal Housing Plan
( PHP) with the Tenant
C) Negotiate with the landlord for the Tenant to remain whilst they are assisting them to secure alternative affordable accommodation. ALL of which the Tenant SHOULD be reminded that their rent payments to the Landlord MUST continue .
THIS IS WHERE COUNCIL'S ARE ALL TOO OFTEN FAILING BOTH LANDLORDS AND TENANTS BY FAILING TO ADHERE TO AND COMPLY WITH THEIR STATUTORY DUTIES IN ACCORDANCE WITH THE HOMELESS REDUCTION ACT 2017 and PART VII- HOUSING ACT 1996.
I would strongly urge all Landlords to make enquiries of the Housing options/ homeless team as to whether they have been made aware of the tenant's risk of homelessness due to rent arrears and if so, ask:
HAVE THEY COMPLETED A PHP WITH THE TENANT AND ARE WORKING WITH THEM TO ADDRESS THE RISK AND/ OR ASSIST THEM WITH ALTERNATIVE ACCOMMODATION AS PER THEIR LEGAL/ STATUTORY DUTY TO DO SO!

All too often when Council's tell Tenants to ' remain until the Bailiffs arrive' its because the Council hasn't bothered to comply with the DUTY TO PREVENT the homelessness!

More Landlords need to challenge these Council's and hold them accountable for their statutory failings, as this Landlord has done! 👍🏻

Reply to the comment left by Ma'at Housing Solutions at 01/08/2023 - 12:45We have exactly the same issue no assistance from Hillingdon Council HB,
They've facilitated the same fraud paid the tenant for 7 months who hasn't paid his rent to me
I created a fuss and now the rent comes to me
But no sign of the HB paid to the tenant that should have been issued to me

All the more reason for a UK Tenant Register
Recent article on Property118.com about us

https://www.property118.com/we-want-to-see-an-increase-in-good-tenants-longer-tenancies-and-fewer-evictions/

OR

https://gofund.me/d95ac5b8

Reply to the comment left by Parmeader shinh at 01/08/2023 - 21:41
My understanding is that in order for the landlord to receive HB instead of the tenant, the landlord MUST
a) notify the Council Housing Department in a timely manner that no rent is being paid
b) 2 months' unpaid rent must have elapsed - you cannot recover that from the Council.
IF you did a) & b) & the Council still continued to pay the tenant THEN
c) Report the Tenant & the Council on benefits fraud site of gov.uk - to put pressure on them both
d) AND IF you did a) & b) & did not get the HB from month 3 onwards, then lodge a high-level complaint to the CEO, Head of Housing etc saying they are actively aiding & abetting benefits fraud (apparently you cannot call it "theft" as the HB "belongs" to the Tenant !).
IF they do not refund you the HB from month 2 onwards - add that you will forward the complaint to the Minister for DWP which might help focus their collective brains.
e) Try using the Council's formal complaint service - polite, factual argument (that is what worked for me)
f) go to the Ombudsman.
Good luck 🙂

Reply to the comment left by Landlord@Brent at 02/08/2023 - 08:59But the system has changed there is no hb? Its UC and part of that is the hb cost? So there's no point informing the council better go straight to uc? Please correct me if I'm wrong so I can research.