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You are here: Home / Letting Legislation, Rules and Regulations / Housing Benefit LHA DSS & Universal Credit / Direct Payment to the Landlord
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Direct Payment to the Landlord

As from April 2011 councils can now make payment direct to the Landlord where they consider that it will assist the Tenant in securing the Tenancy read more . This has now been superseded by Universal credit Alternative Payment Arrangements whereby in a MINORITY of cases payment may be made to the landlord
 
RENT ARREARS The Tenant is eight weeks or more in arrears with their rent. In the first instance the Council will stay [suspend] benefits until they can ascertain the facts. Then make a lump sum payment to the Landlord
  • The Tenant is likely to have difficulty in managing their financial affairs.
  • The Tenant is unlikely to pay their rent

Who can ask for the payments to be made to the landlord?

Tenants, Landlords, Tenant's families or people acting on the Tenant’s behalf, may tell the local authority that they are having difficulty paying their rent, or are likely to. The local authority may also identify Tenants who may have difficulty managing their money, for example, when carrying out home visits. Landlords can contact the local authority, especially if the Tenant is getting into arrears with their rent.


Who may have difficulty paying their rent if they are consider at risk or vulnerable to being made homeless due to the management of their finances?

There are many reasons why someone may have difficulty paying their rent. They might be someone who;

  • has severe debt problems/recent County Court judgement against them; 
  • is an un-discharged bankrupt;
  • is unable to open a bank or building society account;
  • has some of their Income Support or Jobseeker's Allowance paid direct to the gas, electricity or water companies by the Department for Work and Pensions;
  • is getting Supporting People help;
  • is at risk of being made homeless and needs help from the local authority to find a new tenancy;
  • is getting help from a homeless charity.

Or someone may have difficulty paying their rent if they:
  • have learning difficulties;
  • have an illness that stops them managing on a day-to-day basis;
  • cannot read English;
  • cannot speak English;
  • is addicted to drugs, alcohol or gambling;
  • are fleeing domestic violence;
  • are a care leaver;
  • are leaving prison;
  • are homeless.

Who decides who pays the Landlord? 
The local authority decides if payment can be made direct to the Landlord. Based on evidence that the Tenant has difficulty managing their money. The tenant will be consulted in this decision making process and as in many case, so is the Landlord.
 
  • To find contact details for your local council click here

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Fit for Habitation|March 2019 The ACT is intended to define minimum standards a rental property MUST be and makes a clearer pathway way for Tenants to be compensated|https://www.pims.co.uk/fit_for_habitation_act_march_2019/ Guarantor|The person who provides a guarantee and promises to make payment good should the person responsible for the agreement fail|http://www.pims.co.uk/guarantors/ MEES|The Minimum Energy Efficiency Standard (MEES) Landlords are charged with the requirement to bring their rental property to a minimum EPC rating of E. Property with F and G rating will effectively be banned from the rental market April 2018 |http://www.pims.co.uk/epc/ Section 11|Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances|http://www.pims.co.uk/landlord-section-11-repairs/ serving date|This date is the date deemed received at the property - as an example if posted allow for posting days|/serving-notice-on-a-tenant-delivery-days/ Tenancy Application|The objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on facts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants|http://www.pims.co.uk/doc/57/ Tenant Fees|From June 2019 where renting properties in England gone are the days of charging for admin, letting fees, vetting, references, inventory, check in, check out, cleaning, pet insurance or ANY other fee that is not explicitly permitted within the legislation. |https://www.pims.co.uk/ban_letting_fees_act_2019/