Universal Credit – Do I really need a new AST?

I've had similar in the past. At times I've just wrote new tenancy to keep 'em happy, but like yourself in this occasion, thought why should I do new tenancy with this dodgy tenant.
If you can get someone high enough with common sense, they may realise u don't have to do new tenancy, but as we are all finding out with this UC, we are talking to the straight out of training not a clue youngsters on the phone following what they think is correct rule book.

Obviously as I'm sure you know, you have a valid tenancy already without issuing a new AST. I would suggest you try getting DWP to accept from the tenant recent bank statements, utility bills, council tax bills in the tenants name at the property address to prove the address is current. Along with your AST this should be sufficient for them. I certainly wouldn't issue a new AST to someone I thought was likely to be a problem tenant if I were you...

I expect that they just want a bit of paper signed by the landlord and the tenant confirming what the rent is etc. Therefore try writing a letter detailing that it is a periodical tenancy, when the tenancy started and what the rent is and attached it to the original tenancy agreement.

Shame the NLA does not have a template for this…..

Reply to the comment left by "Ian Ringrose" at "12/07/2016 - 14:10":

I've heard of this being accepted in the past.

This problem is occurring time after time in Wolverhampton. I sit on the local authority's universal credit working party, where I have been able to raise concerns. I have also raised this concern with the NLA. The long term solution is better staff training for DWP. We have found that the short term answer is that every time you find out that a tenant is moving to UC, issue them with a standard letter explaining a periodic tenancy. Then make refererence to the section in the AST which deals with the periodic term.

Reply to the comment left by "Lyndon Whitehouse" at "12/07/2016 - 15:42":

Better still issue a section 21 and get the message across to the DWP that landlords are not going to tolerate payment to the tenant.

It may be a good idea to issue a S21 actually, just as a precaution & to focus your tenant's mind on paying you once she receives her UC payment.

I have a few tenants on HB (not UC yet in my area) who have issues with substance abuse & they all have had to go to direct payments through not being physically able to stop spending their rent money on other things. ?

DWP requested a new tenancy for my tenant as it still had his girlfriend on the current one but she had left 5 years previously.

I wrote a letter refusing to issue a new tenancy as this tenancy was valid, it had took 12 weeks to get to this stage and I informed them it was highly likely I would be issuing a section 21 . If I issued a new tenancy I would not be able to do this.

They accepted the tenancy but refused to back date for the 3 months first they said the tenancy was not in by the time limit. I could prove it was I sent recorded delivery so then they said the tenants other paperwork was not in on time. They are a complete nightmare to deal with .

Reply to the comment left by "KATHY MILLER" at "12/07/2016 - 20:52":

That is so infuriating Kathy! Can common sense not prevail and a letter from you along with recent utility bills from the tenant to show the utilities in her sole name not have sufficed for goodness sake!

I've recently lost out on a rent increase by several months because HB were so behind actioning it and then because of the type of benefits my tenant received was told it couldn't be back-dated. Despite my notifying them in plenty of time I was the loser...sometimes it's just easier to move on with your life and put these things behind you.

After selling off the housing stock at bargain basement prices you think they'd want to look after the dwindling numbers of private landlords who are prepared to take HB tenants...

Thank you all for your comments.
I too believe that the DWP are staffed by inexperienced telephone operators who mainly work to a script. If it doesn't fit into one of their tick boxes they seem to be incapable of providing an answer or solution. After some persistance I managed to get an answer from a 'supervisor' (but not allowed to speak to them directly!!) which amounted to send in what you consider adequate and we will decide upon receipt. Unbelievable.

I sent a covering letter attached to the original AST outlining the rental contract details ie: amount, frequency, start date, periodic or not and any arrears.

I will let you know how I get on.

As background to this ludicrous situation the tenant was advised by staff at the job centre that she should stop claming JSA and instead claim whatever the sickness benefit is now called. She subsequently failed that assessment and was to to reclaim JSA. However, because we are a pilot area she was told she could only start a new claim for UC. Her HB was stopped on July 3rd and the first possible payment she will receive under UC is August 11th straight into her bank including the Housing Element of UC. Needless to say neither of us are happy.